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Played fraud on court by respondent proved under 151 cpc

Respectd Gurus , one of my relative filed a divorce OP in colleteral proceeding under section 13 1(a)(2) in LB nagar court , as he is previous divorce op dismissed , now the previous presiding officer unable identified the respodent's fraud played on the hon'ble court . Now in this current OP , my relative challenge the fraud plyed on the court by respodent via 151 CPC and , he established the fraud played on the court by his wife (respondent) and the prayer portion is , since the fraud proved the matter not heard on merits , hence disslotion of marriage granted Even though the fraud played on court established the learned judge dismissed the IA (151 cpc) as both in main Op and even in IA the relief is same . My question here there are several supreme court ciation states once fraud proved there ends teh matter , is there anything strictly states in the family court act that " the relief in IA strictly different from main Op ". Please suggest your valuable thoughts . Regards .... Venkat

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Suri.Sravan Kumar (senior) 09 January 2017

pl clarify prevoius OP dismised for default or OP is dismissed by passing detailed order.

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Respected sir , previous OP dismissed by detailed order , infact that order obtained by playing fraud on court ,

supression of material facts, mis representation of facts .we relied on several land mark judgements by Hon'ble supreme court for instance

S.P Chengalvaraya Naidu vs Jagannath on 27 October, 1993 the Hon'ble supreme court held like below ....

The Judgment of the Court was delivered by KULDIP SINGH, J.- "Fraud avoids all judicial acts, ecclesiastical or temporal" observed Chief Justice Edward Coke of England about three centuries ago. It is the settled proposition of law that a judgment or decree obtained by playing fraud on the court is a nullity and non est in the eyes of law. Such a judgment/decree by the first court or by the highest court has to be treated as a nullity by every court, whether superior or inferior. It can be challenged in any court even in collateral proceedings.

hence as per the above lines we have challenged the previous OP fraud in this current OP through 151 CPC .

Once fraud proved there is another judgement states the matter not heard on merits , hence we have request the court to provide the relief of dissultion of marriage in this IA only .

Hope I have clarify to you sir ..

thanks

Venkat

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 12 January 2017

The court which passed the detailed order on merits cannot change its decision. The course left open for the petitioner is to go in appeal in high court, where one of the grounds challenging the family court order is that it has been obtained by playing fraud.