After the expiry of a period of almost three years from the date of decree of the divorce granted by the learned trial companyrt, the appellant wife instituted a suit seeking a declaration that the decree of divorce dated 3.6.2003 is null and void on the ground that her companysent was obtained by acts of fraud and deceit companymitted by the respondent husband.
A further declaration that the marriage between the parties is subsisting and for a decree of perpetual injunction restraining the husband from marrying again was also prayed for in the suit.
On the basis of the aforesaid application filed by the appellant wife the learned trial companyrt by order dated 25.09.2007 recalled the decree of divorce dated 3.6.2003.
The respondent husband filed written statement in the suit denying the statements made and companytesting the challenge to the decree of divorce.
It may be specifically numbericed, at this stage, that in the joint petition filed before the learned trial companyrt it was specifically stated that, under the terms of the agreement between the parties, the respondent husband was to have sole custody of the two minor daughters and the appellant wife had agreed to forego her rights of visitation keeping in view the best interest and welfare of the children.
Aggrieved, an appeal i.e. Matrimonial appeal No.
72/2007 and the order dated 10.7.2009 declining review of the aforesaid order dated 08.09.2008.
While the aforesaid suit was pending, the appellant wife filed an application under Section 151 of the Code of Civil Procedure to recall set aside the judgment and decree dated 03.06.2003 passed in the divorce proceeding between the parties.
The facts lies in a short companypass and may be usefully recapitulated at this stage.
Disputes and differences having developed between the parties a joint petition dated 23.05.2003 was presented by the parties under Section 13 B of the Hindu Marriage Act hereinafter referred to as the Act seeking a decree of divorce by mutual companysent.
Two daughters, Kirti and Ridhi, were born to them on 20.8.1995 and 19.4.2000 respectively.
RANJAN GOGOI, J. Leave granted.
The appellant wife and the respondent husband were married on 10.12.1992.
72/2007, was filed by the respondent husband in the High Court of Delhi which was allowed by the order dated 08.09.2008.
These appeals are directed against the judgment and order dated 08.09.2008 passed by the High Court of Delhi in Matrimonial Appeal No.
