Vipin Kumar Verma vs Varsha Verma
2023 Latest Caselaw 12407 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- FIRST APPEAL DEFECTIVE No. - 119 of 2023
 

 
Appellant :- Vipin Kumar Verma
 
Respondent :- Varsha Verma
 
Counsel for Appellant :- Utkarsh Khanna,Divyanshu Nandan Tripathi
 

 
Hon'ble Suneet Kumar,J.

Hon'ble Rajendra Kumar-IV,J.

Order on Civil Misc. Delay Condonation Application No. 1 of 2023

Cause shown is good and sufficient.

Application is allowed.

Delay in filing the appeal is condoned.

Order on Appeal

The appellant, by the instant appeal, has raised challenge to the judgment and order dated 6 January 2023, passed by the Principal Judge Family Court, Bijnor, in suit No. 186/2022, under Section 13B of the Hindu Marriage Act 1955.

The appeal is against a consent order, accordingly, not maintainable under the Family Courts Act 1984.

The learned counsel for the appellant, however, submits that he was not in a mental state of giving consent to the divorce petition as mutual consent out of free will.

On perusal of the impugned order, it is evident that the consent decree was not passed on mere filing of affidavit, but the parties appeared before the learned Family Court and deposed to their willingness and consent to the petition.

The appellant (P.W. 2) was examined and he categorically deposed that the petition and the averments therein were duly made by him and his signature was appended without threat, coercion or pressure. He, further, stated that he has also returned the stree-dhan at Rs. 2,50,000/- to the respondent. In the circumstances, it cannot be said that he was suffering from mental ailment so as to impair his decision making ability.

On specific query, learned counsel for the appellant failed to point out any illegality, infirmity or perversity in the impugned order.

The appeal being devoid of merit, is accordingly, dismissed.

Order Date :- 21.4.2023

Mukesh Pal