HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 28 Case :- SECOND APPEAL No. - 751 of 2011 Petitioner :- Smt. Archana Mishra Respondent :- Amit Mishra Petitioner Counsel :- Vineet Pandey,B.K. Srivastava Hon'ble Pankaj Mithal,J.
This appeal arises out of a matrimonial dispute. Both husband and wife applied for divorce by mutual consent under Section 13 B of the Hindu Marriage Act, 1956. Subsequently, appellant-wife contended that her consent was obtained by playing fraud and exercising undue influence, therefore, the petition be dismissed. The respondent-husband also moved an application for dismissal of the petition as he intended to file a regular petition for divorce. The court below proceeded to decree the suit and a decree of divorce by mutual consent has been passed after recording finding that no fraud was played upon appellant-wife. Hence this second appeal.
Sri B.K.Srivastava, learned counsel for the appellant-wife submits that the petition for divorce by mutual consent can be withdrawn any time and that too unilaterally and, as such, the court below could not have proceeded to pass the decree on merits.
Issue notice.
List in week commencing 10th October, 2011.
Order Date :- 13.9.2011 brizesh