Allowed

Deepa Tibrewal v. Ajay Tibrewal @ Ajay Kumar Tribrewal

Patna HC27 Apr 2015MA/764/2012

Case brief

AI extract

What is this about?

The Patna High Court allowed appeals and set aside a Family Court judgment dissolving a marriage and a maintenance order, finding the proceedings fraudulent. The Court directed the husband to pay litigation costs and remanded the case to re-examine maintenance and dissolution.

What did the court decide?

Set aside judgment of 23.11.2011 and order of 23.02.2010; directed husband to pay Rs. 50,000 litigation costs; remanded to Family Court.

Deepa Tibrewal Vs Ajay Tibrewal @ Ajay Kumar Tribrewal — Maintenance and Alimony | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Miscellaneous Appeal No.764 of 2012

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=========================================================== Deepa Tibrewal, W/o- Ajay Kumar Tibrewal, Resident of ‘Happy Complex’, Laberitola, Police Station- Tatarpur Kotwali, District- Bhagalpur. .... .... Appellant Versus Ajay Tibrewal @ Ajay Kumar Tibrewal, S/o- Late Raj Kumar Tibrewal, Resident of Mohalla- Chunnihari Tola, Police Station- Adampur, District- Bhagalpur. .... .... Respondent with =========================================================== Miscellaneous Appeal No. 62 of 2013

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=========================================================== Deepa Tibrewal, W/o- Ajay Tibrewal, Resident of ‘Happy Complex’, Laberitola, Police Station- Tatarpur Kotwali, District- Bhagalpur.

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.... .... Appellant Versus Ajay Tibrewal @ Ajay Kumar Tibrewal, S/o- Late Raj Kumar Tibrewal, Resident of Mohalla- Chunnihari Tola, Police Station- Adampur, District- Bhagalpur. .... .... Respondent

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=========================================================== Appearance : For the Appellant : Mr. Ansul, Advocate. Mr. Sanjeev Kumar, Advocate. For the Respondent : Mr. Farooque Ahmad Khan, Advocate. Mr. Swapnil Kumar Singh, Advocate. Mr. Thakur Brajesh Singh, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA

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and

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HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE V.N. SINHA) Date: 27-04-2015

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In Misc. Appeal No. 764 of 2012 appellant wife has questioned the judgment dated 23.11.2011 passed by Principal Judge, Family Court, Bhagalpur in Matrimonial Case No. 65/2008, whereunder marriage between appellant wife, respondent

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Patna High Court MA No.764 of 2012 dt.27-04-2015

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husband has been dissolved taking into account the evidence led by the husband alone, not the wife. It is submitted on behalf of the wife that earlier Maintenance Case bearing Misc. Case No. 49/2009 filed by her was disposed of under order dated 23.02.2010, subject matter of challenge in Misc. Appeal No. 62 of 2013 on the basis of compromise between her, her husband, as the husband had agreed to take her back in the matrimonial fold, whereafter she stopped defending herself in the aforesaid matrimonial case pending in the court of Principal Judge, Family Court, Bhagalpur. The husband, however, continued not only with the pairvi of the said matrimonial case but also led evidence behind her back, obtained order for dissolution of her marriage dated 23.11.2011.

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From the facts stated above, it is quite evident that wife has been duped by the husband after she agreed to join the matrimonial home, as is evident from order dated 23.02.2010 passed in Misc. Case No. 49/2009, has been confronted with the judgment dissolving her marriage, which is result of fraud being played on her. In these circumstances,

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Patna High Court MA No.764 of 2012 dt.27-04-2015

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we have no option but to set aside not only the judgment dated 23.11.2011 passed in Matrimonial Case No. 65/2008 but also to set aside the order dated 23.02.2010 passed in Misc. Case No. 49/2009.

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From the narratives made above, it is quite evident that appellant wife has not only been harassed but also duped, in the circumstances, we not only proceed to set aside aforesaid two orders but also direct respondent husband to pay litigation cost of Rs. 50,000/- to the appellant wife.

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Both the appeals are, accordingly, allowed directing the parties to appear before Principal Judge, Family Court, Bhagalpur who shall first consider the request of the wife for payment of maintenance pendente lite and thereafter consider the case of the parties for dissolution of their marriage.

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(V.N. Sinha, J)

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(Nilu Agrawal, J)

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P.K.P.

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U T

Deepa Tibrewal v. Ajay Tibrewal @ Ajay Kumar Tribrewal

Case brief

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Deepa Tibrewal v. Ajay Tibrewal @ Ajay Kumar Tribrewal

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