Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 7932 of 2018 Petitioner :- Jagdev Singh Respondent :- Smt. Sumitrani @ Ramkumari And Another Counsel for Petitioner :- Ram Kishor Gupta
Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioner and perused the record.
The opposite party had instituted suit no. 27 of 1996 against the petitioner for maintenance on the basis that she was legally wedded wife of the petitioner. The petitioner, in the suit proceedings, stated that in a panchayat, a decision was taken to anul the marriage and a document was prepared to that effect which was duly thumb marked by the plaintiff. He, accordingly, moved an application 98 Ga 2 for proving the thumb mark with the help of an expert. The application 98 Ga 2 was rejected on the ground that such a divorce in absence of any decree of a court has no sanctity in law and the deed is a waste paper.
The suit was thereafter decreed by the trial court.
Aggrieved by the decree passed by the trial court the petitioner filed appeal no. 82 of 2007 which is pending. In this appeal the petitioner moved an application under Order 41 Rule 27 of Civil Procedure Code for examination of the thumb mark on the said divorce deed by an expert. The court vide order dated 15.09.2018 rejected the said application on the ground that there was no legal value of such a divorce deed in absence of any court decree and therefore there was no justification to allow examination of the said divorce deed by an expert as it would serve no purpose.
The order passed by the appellate court dated 15.09.2018 has been assailed in this petition.
Once it is not in dispute that the parties are Hindu, there can be no divorce without a decree of civil court. The alleged divorce through Panchayat carries no force in law and therefore no case for interference is made out.
The petition is dismissed.
Order Date :- 30.10.2018 sweta