RITA KUMARI SHAHU ALIAS SHAH Vs. SHYAM SUNDER SHAHU
LAWS(CAL)-2006-7-24
HIGH COURT OF CALCUTTA
Decided on July 07,2006

RITA KUMARI SHAHU ALIAS SAHA Appellant
VERSUS
SHYAM SUNDAR SHAHU Respondents

JUDGEMENT

- (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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