JUDGEMENT
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(1.) In this application under Article 227 of the Constitution of India the petitioner
has prayed for revision of the order dated 10.04.2005 passed by the learned
Judge, Permanent Lok Adalat, Uttar Dinajpur in Pre-litigation Case No.79/2005.
(2.) The circumstances leading to the above application are that the
marriage of the petitioner with the O. P. was
solemnized on 14.12.2003 according
to Hindu Rites and Customs. She was
subjected to ill-treatment and torture by
the O. P. who by coercion and undue pressure obtained her signatures on a
purported petition and filed the same before
the District Legal Services Authority,
Uttar Dinajpur at Raiganj on 05.04.2005 when it was registered as Pre-litigation
Case No. 79/2005 and was transferred to the Permanent Lok Adalat at Raiganj
which passed an award on 10.4.2005 declaring the marriage between her and
the O. P. dissolved by a decree of mutual divorce. The petition was drafted in
Bengali, but the petitioner cannot read, write, speak and understand Bengali,
nor the contents of the purported petition were read over and explained to her.
The conditions for making application for mutual divorce under the Hindu
Marriage Act, 1955 were not fulfilled nor
the matrimonial matters can be a subject
of Pre-litigation case. As such,
the award passed by the Permanent Lok Adalat,
Uttar Dinajpur being void ab initio is not sustainable in law.
(3.) Being aggrieved by and dissatisfied with the said award, the petitioner
has come up before this Court.;
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