A.K. Goel, CJ.;— 1. This appeal has been preferred by the wife under Section 28 of the Hindu Marriage Act, 1955, against decree of divorce dated 02.09.2009 passed by learned District Judge, Karimganj, in Title Suit (Divorce) No.34 of 2008. By the said decree, divorce by mutual consent was granted. 2. Plea taken in this appeal is that the application was got signed by the wife on 28.07.2008 by misrepresentation and fraud. Same was the position on 19.2.2009. She was ignorant about the nature of proceedings and never consented for divorce nor she received the permanent alimony of Rs.50,000/- shown to have been actually received by her. 3. We have heard Mr. P. S. Deka, learned counsel for the appellant, and Mr. N. Dhar, learned counsel for the respondent. 4. Learned counsel for the respondent husband states that if such allegations are made by the wife, the matter will require an enquiry on evidence. He has made reference of the judgment of the Hon’ble Supreme Court in Zahoor Bux and another v. Fareed Bux and others [ (2005)13 SCC 383 ]. 5. Learned counsel for the wife states that the proceedings for divorce took place at Karimganj while the wife is staying at Gosaigaon in the district of Kokrajhar, which is far off from Karimganj. 6. Having regard to the facts and circumstances, we are of the view that it will be in the interest of justice that the papers of this case are remitted to the Principal Judge, Family Court, Kamrup. The Family Court may treat the appeal as an application for setting aside the consent decree and conduct an enquiry into the matter in accordance with law. The Family Court may thereafter pass such order as may be called for. 7. The parties may appear before the Family Court, Kamrup at Guwahati for further proceedings on 5th of March, 2012. 8. The appeal stands disposed of. _____________