Inderjit Singh Grewal Vs. State of Punjab & Anr.
|
Head Note
Indian Penal Code,1860 - Section 420
An order of Court obtained by fraud - For setting aside such an order, even if void, the party has to approach the appropriate forum - Even if an order is void or voidable, the same requires to be set aside by the competent Court - Further held - Even if a decree is void ab initio, declaration to that effect has to be obtained by the person aggrieved from the competent court - More so, such a declaration cannot be obtained in collateral proceedings.
Indian Penal Code,1860 - Section 420
Fraud and deception are synonymous - "Fraud is an anathema to all equitable principles and any affair tainted with fraud cannot be perpetuated or saved by the application of any equitable doctrine. 2010(8) SCC 383, relied.
The Hindu Marriage Act, 1955 - Section 13-B , Indian Penal Code,1860 - Section 420
Decree of Divorce by mutual consent granted by Court - Wife later on seeking to set aside the ground of fraud played by husband on Court - Disentitled for any equitable relief - Held - Damage suffered by consent is not a cause of action (volenti non fit injuria).
The Hindu Marriage Act, 1955 - Section 13-B , The Protection of Women From Domestic Violence Act, 2005 - Section 12
Husband and wife obtaining divorce by mutual consent, but continued living together - Complaint by wife against husband under Domestic Violence Act - Complaint not maintainable as decree of divorce subsisted - Wife stating they were still living as husband and wife and decree of divorce was sham and it was obtained by playing fraud on Court and a suit by wife to declare the decree null and void was pending in Civil Court - Complaint quashed - Held - Magistrate could not be permitted to proceed with complaint when decree of divorce still subsisted - Further held - Judgment decree of Competent Civil Court cannot be declared null and void in collateral proceedings, that too, criminal proceedings.
The Protection of Women From Domestic Violence Act, 2005 - Section 12 , Section 28 , Section 32
Protection of Women from Domestic Violence Rules, 2006 - Rule 15(6) - Domestic violence - Complaint could be filed only within a period of one year from the date of the incident - Under Rule 15(6) provision of Criminal Procedure Code are applicable.
Topic(s)-