Patna High Court
Dr Muskan EktaversusDr Manish Chandra
- Decided
- Disposal
- DISPOSED
Holding
The appeal is disposed, granting the appellant liberty to challenge the decree before the original court on the ground of fraud.
Summary
The appellant, Dr. Muskan Ekta, appealed a decree dated 17 October 2023 passed by the Principal Judge of the Family Court, Gaya, under Section 13‑B of the Hindu Marriage Act, 1955. She alleged that the decree was obtained by fraud upon her. The High Court noted that a decree obtained by fraud must be challenged in the original court by filing a fresh suit, subject to the law of limitation. The Court was cautious about the limitation period but nonetheless granted the appellant liberty to approach the original court to set aside the decree on the ground of fraud. Consequently, the miscellaneous appeal was disposed, allowing the appellant to pursue the appropriate remedy in the Family Court.
Issues considered
- Whether a decree obtained by fraud can be challenged in the original court by filing a fresh suit.
- Whether the limitation period bars the appellant from challenging the decree on the ground of fraud.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13-B
Subjects
- Hindu Marriage Act
- fraudulent decree
- limitation period
- family court
- miscellaneous appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.432 of 2024
======================================================
Dr Muskan Ekta W/o Dr. Manish Chandra, Resident of Mohalla- Nutan
Nagar, P.O.- H.P.O. Gaya, P.S.- Civil Line, District- Gaya, and D/o Dr. Vinod
Kumar, Resident of Neelamber Gyan Niketan Road, Near Red Velvet Hotel,
West Nehru Path, P.S.- Danapur, District- Patna, PIN- 801503, Mobile No.
9262635090.
... ... Appellant/s
Versus
Dr Manish Chandra S/o Late Lal Mohan Prasad, Resident of Mohalla- Nutan
Nagar, P.O.- H.P.O. Gaya, P.S.- Civil Line, District- Gaya, PIN- 823001,
Mobile Nos.- 9386052917. 7717783550.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Satya Prakash Sinha, Advocate
For the Respondent/s :
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
and
HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)
14 19-02-2026 Learned counsel for the the appellant is present with
his client. No one appears on behalf of the respondent or the
respondent himself.
2. It transpires to this Court that the order dated
10.10.2023 and decree dated 17.10.2023 passed by learned
Principal Judge, Family Court, Gaya in MTS Case No. 408 of
2022 under Section 13-B of Hindu Marriage Act, 1955.
3. Learned counsel for the appellant submits that the
said decree has been obtained by committing fraud upon the
appellant.
Patna High Court MA No.432 of 2024(14) dt.19-02-2026
2/2
4. If it is so, the remedy of obtaining a decree by fraud
is before the original Court by way of filing fresh case.
5. This Court is cautious that for filing the fresh suit
there is always law of limitation.
6. In these facts and circumstances, the present
miscellaneous appeal is disposed of granting liberty to the
petitioner to challenge the said judgment and decree before the
original Court on the ground of fraud.
7. Accordingly, the miscellaneous appeal stands
disposed of.
(Bibek Chaudhuri, J)
( Dr. Anshuman, J)
Jyoti Kumari/-
U
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