The Punjab and Haryana high court has held that mutual consent divorce orders passed by the court cannot be annulled by an assertion of any party later that the decree was meant to be a sham for facilitating employment in a foreign country.
Dismissing a petition filed by a woman from Sonipat district in Haryana, Justice K Kannan of the HC held that marriage was the only contract that couldn't be annulled by mere wish of parties outside the court.
The woman had claimed that she had agreed for a divorce by mutual consent after her husband convinced her that by dissolving the marriage, his prospects of going abroad and securing necessary travel documents would brighten.
She never believed that the decree of the court was 'really' meant to end her matrimonial relationship. She had approached the court to quash the divorce orders issued by the lower court. Hearing the plea, the HC on January 21 observed that proceedings of court cannot be brought under thick clouds of irreverence if a party thought that what was stated in a court order was meant to be untruth and not to be acted upon. "She wanted to contend that by dissolving the marriage, she was assisting herself for a great future for themselves for living together in a foreign country. This absurd assertion could reside only in the figment of imagination of the petitioner herself and cannot be allowed to infect a solemn judicial exercise that is undertaken to deliver in a decree for dissolution," held the HC while dismissing her petition.
Poonam, 26, was married to Naveen Kumar, 29, of Sonipat in May 2011. In May 2012, her husband told her that he had applied for a job abroad and would get it if his marital status shown to be single. Thus, she filed a mutual divorce petition.
Dismissing a petition filed by a woman from Sonipat district in Haryana, Justice K Kannan of the HC held that marriage was the only contract that couldn't be annulled by mere wish of parties outside the court.
The woman had claimed that she had agreed for a divorce by mutual consent after her husband convinced her that by dissolving the marriage, his prospects of going abroad and securing necessary travel documents would brighten.
She never believed that the decree of the court was 'really' meant to end her matrimonial relationship. She had approached the court to quash the divorce orders issued by the lower court. Hearing the plea, the HC on January 21 observed that proceedings of court cannot be brought under thick clouds of irreverence if a party thought that what was stated in a court order was meant to be untruth and not to be acted upon. "She wanted to contend that by dissolving the marriage, she was assisting herself for a great future for themselves for living together in a foreign country. This absurd assertion could reside only in the figment of imagination of the petitioner herself and cannot be allowed to infect a solemn judicial exercise that is undertaken to deliver in a decree for dissolution," held the HC while dismissing her petition.
Poonam, 26, was married to Naveen Kumar, 29, of Sonipat in May 2011. In May 2012, her husband told her that he had applied for a job abroad and would get it if his marital status shown to be single. Thus, she filed a mutual divorce petition.
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