Unknown vs Preeti Bhandari
2021 Latest Caselaw 770 UK

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                   COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
                  Signatures

                                      WPMS No.434 of 2021
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Prabhat Bohra, Advocate for the petitioner.

In the proceedings of Matrimonial Case No.123 of 2020, Hanumant Singh Bhandari vs. Preeti Bhandari, the matrimony between the parties to the proceedings, which were held on 16.06.2010, stood, dissolved by virtue of a judgment and decree of 10.08.2020, by invoking the provisions contained under Section 13 B of the Hindu Marriage Act.

The petitioner before this Court, who was the applicant no.2 in the said suit; had subsequently filed an application for recall, on the ground that the judgment and decree rendered on 10.08.2020, was a decree, which was obtained by playing fraud. Alleging fraud she has filed an application for recall and to set aside the decree of 10.08.2020 before the Family Court on 07.11.2020, the same is pending consideration after being registered, as Misc. Case No.13 of 2020.

The grievance of the petitioner in the present writ petition is, as against the impugned order dated 20.01.2021, by virtue of which, the learned Family Court, Haldwani, District Nainital, has rejected the petitioner's application, for grant of injunction in a pending recall application and the apprehension, which had been expressed by the counsel for the petitioner is that taking the benefit of the decree of 10.08.2020, if the respondent solemnizes the second marriage, it would render her proceedings of recall, as to be a futile exercise.

This Court invited the counsel for the petitioner; to address the Court, as to whether in such peculiar circumstances where a recall against the decree granted under Section 13 B of Hindu Marriage Act, is pending and particularly the courts which are created under the Family Courts Act, do have the power to grant any injunction. As against an existing decree, he had made a reference to Section 7 of the Family Courts Act, though at this stage, this Court is not addressing on merits with regards to the issue of applicability of Section 7 of the Act, under the given case. But after arguing for some length, he submits that the relief sought for, may be modulated by this Court, with a direction to the Judge, Family Court, Haldwani, District Nainital, to decide her Misc. Case No.13 of 2020, as expeditiously as possible in order to avoid any future complication, which he anticipates as a consequence of second marriage being solemnized by the respondent would lead to be a proceedings in futility.

Considering the aforesaid aspect, and without expressing any opinion on merits of the recall application, this writ petition is being disposed of with a direction to the Judge, Family Court to decide the Recall Application/Misc. Application No.13 of 2020, as expeditiously as possible, but not later than two months from the date of production of certified copy of the order.

Subject to the above, the writ petition stands disposed of.

Let certified copy of this judgment, be supplied to the counsel for the parties today itself on payment of usual charges.

(Sharad Kumar Sharma, J.) 09.03.2021 Arti