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december 2011

Supreme Court of India · 2011-12-16

GAYTRI BAJAJ vs JITEN BHALLA

Citation / case number
SC 2009/31452
Court
Supreme Court of India
Petitioner
GAYTRI BAJAJ
Respondent
JITEN BHALLA
Author
RANJAN GOGOI
Bench
RANJAN GOGOI P. SATHASIVAM

Judgment text excerpt

The Supreme Court held that a decree of divorce granted under Section 13B of the Hindu Marriage Act cannot be set aside on the grounds of alleged fraud if the parties had mutually consented to the divorce and the terms were clear. The Court emphasized that the appellant's application under Section 151 of the Code of Civil Procedure to recall the divorce decree was not maintainable as it contradicted the mutual consent already established. The Court upheld the High Court's decision to allow the appeal of the respondent-husband, thereby affirming the validity of the divorce decree.

GAYTRI BAJAJ vs JITEN BHALLA · Niyam