AIR 1998 SUPREME COURT 764 ::1998 AIR SCW 474 ::(1998) 1 MarriLJ 1 ::1998 (1) Marr LJ 1 ::(1998) 1 MahLR 822 ::1997 (2) UJ (SC) 848 ::1997 UJ(SC) 2 848 ::1998 (1) HinduLR 124 ::(1998) MatLR 245 ::1997 (11) SCC 701 ::1997 (4) RecCivR 671 ::(1997) 7 Scale 37 ::1998 (118) Pun LR 655 ::1998 (32) All LR 237 ::1997 (4) CurCC 108 ::1998 (1) All WC 709 ::(1997) 2 BLJ 668 ::1998 (1) BLJR 594 ::1997 (2) DMC 671 ::(1997) 3 ESC 1388 ::(1998) 1 Mad LW 335 ::1998 (1) RajLW 65 ::(1998) 1 Pun LR 655 ::(1998) 1 Pat LJR 23 ::(1997) 4 SCJ 276 ::1997 (9) Supreme 374 ::(1998) 1 CurLJ(CCR) 609

Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): Sujata Manohar, D. P. Wadhwa , JJ

(A) Hindu Marriage Act (25 of 1955) , S.28— Appeal against decree of divorce - Fraud alleged to have been perpetrated upon wife in filing petition for divorce - Wife duped in signing the petition and then appearing in Court as a witness - Circumstances showed that wife never intended to seek a divorce - Ex parte decree for divorce passed - Appeal against, by wife - Rejection of, by Court without satisfying itself whether grounds for claiming relief exist - And directing appellant/wife to file separate suit - Not justified - By doing so, High Court also fails to exercise power of superintendence under Art. 227 of Constitution. (Para 14) (B) Hindu Marriage Act (25 of 1955) , S.23— Divorce - Grant of - Court in first instance, is obliged to make every endeavour to bring about reconciliation - Wife duped in signing divorce petition and then appearing in Court as witness by the husband - Wife stating that she never wanted divorce - Husband did not appear and proceeding was ex parte against him - No effort made by Court to secure his presence when his presence was required - In such circumstances Court itself can put questions to witnesses and elicit answers from them - Grant of ex parte divorce by Court without satisfying itself whether grounds mentioned in S. 23 exists - Not proper - Matter re....