Disposed

Nabanita Barua v. Bhaskar Palit

Delhi HC23 May 2018CM(M)/1416/2017

Case brief

AI extract

What is this about?

Petitioner challenged a divorce by mutual consent decree, alleging fraud by the respondent regarding child custody. The High Court held that the matter should be referred to the Family Court for examination of alleged fraud rather than being decided by this Court.

What did the court decide?

Petition disposed with liberty to approach the Family Court to examine allegations of fraud and pass appropriate orders.

Nabanita Barua Vs Bhaskar Palit — Child Custody and Guardianship | Delhi HC (2018)

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$~4-FM

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CM(M) 1416/2017 & CM 45441/2017

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N	Through:	..... Petitioner Mr. G. Tushar Rao and Mr. Mayank Sharma, Advocates
	versus
B		..... Respondent
	Through:	Ms. Vrinda Grover, Mr. Zishaan Iskandari, Ms. Ratna Appnender and Mr. Soutik Banerjee, Advocates

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CORAM: HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

23.05.2018

The petitioner and respondent were married on 08^th March, 2005. On 09^th October, 2015, the parties filed the first motion for dissolution of marriage by mutual consent under Section 13B of the Hindu Marriage Act. On 08^th June, 2016, the parties filed the second motion for dissolution of marriage under Section 13B. The learned Family Court recorded the statement of both the parties and dissolved the marriage by mutual consent on 09^th June, 2016.

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The petitioner has challenged the decree of divorce by mutual consent on the ground that the respondent has played fraud upon her as well as the Court particularly with respect to the custody of the minor son, Ishan aged about 6 years now. As per the terms and conditions of dissolution of marriage, the respondent has the permanent custody of the minor son and the petitioner has visitation rights of once/twice a month. The petitioner has approached this Court for setting aside of the decree of divorce by mutual

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consent and for permanent custody of the minor child.

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This Court is of the view that it would be appropriate for the petitioner to approach the learned Family Court which passed the decree and the learned Family Court shall examine whether the respondent has played fraud upon the Court or not.

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This petition is, therefore, disposed of with the liberty to the petitioner to approach the Family Court and upon the petition being filed, the learned Family Court shall examine whether the respondent has played fraud upon it and shall pass appropriate orders in accordance with law. Needless to say that if the petitioner is aggrieved by the order of the Family Court, the petitioner would be at liberty to file appropriate legal remedies available to her in accordance to law.

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Pending application is disposed of.

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Copy of this order be given dasti to counsels for the parties under signatures of the Court Master.

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J.R. MIDHA, J.

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MAY 23, 2018 rsk

Nabanita Barua v. Bhaskar Palit

Case brief

What is this about?

What did the court decide?

Nabanita Barua v. Bhaskar Palit

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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