Court can undo order procured through fraud: Uttarakhand HC

Dehradun: Uttarakhand high court has disposed of an appeal filed by a Dehradun woman challenging a family court order dissolving her marriage with her husband by mutual consent. A division bench of Justices Ravindra Maithani and Siddhartha Sah observed that “no court is without power to undo an order if it is affected by fraud” and said the appellant was at liberty to raise her grievances before the court concerned.The appeal arose from a judgment and order dated Aug 31, passed by the family court, Vikasnagar, in Dehradun district. Through the order, an application filed by the parties under section 27 of the Uttarakhand Uniform Civil Code, 2024, was allowed, and their marriage, solemnised on Oct 25, 2020, was dissolved by mutual consent.The woman’s counsel submitted that the joint petition seeking divorce by mutual consent had never been read over to her. It was further argued that the marriage was an inter-caste love marriage and that the impugned judgment and order had been procured through fraud, thereby affecting judicial proceedings.The appellant’s counsel also alleged that the terms concerning the custody of the child had been manipulated and that the appellant had not given her informed consent.The court was informed that following the Aug 31 judgment, the appellant had filed an application before the same family court seeking recall of the order. However, the application was never taken on record.The high court also recorded the appellant’s submission that her mother had died on July 13, following which the joint petition was filed on Aug 21 and decided on Aug 31. The appellant claimed that she had not consented to the terms and conditions, particularly those concerning child custody and was not agreeable to the dissolution of the marriage.Disposing of the appeal on Saturday, the high court held that if fraud had been committed and an order procured through it, the issue must be raised before the same court. The bench expressed confidence that once such an application was filed, it would be decided in accordance with the law.Stay updated with the latest Dehradun news. Download the TOI App.