Case Note & Summary
The case involved a dispute between a husband and wife regarding the dissolution of their marriage under the Hindu Marriage Act, 1955. The couple married in 1994 and had a daughter but began living separately in 2000 due to temperamental differences. They filed a petition for divorce by mutual consent in 2001, but the wife withdrew her consent before the second motion, leading to the dismissal of their petition by the District Court. The husband appealed to the High Court, which upheld the dismissal. The Supreme Court was approached to determine whether the withdrawal of consent was valid and if the court could grant a divorce despite this withdrawal. The court analyzed Section 13B of the Act, which allows for divorce by mutual consent, and concluded that consent could be withdrawn at any time before the decree is passed. The court referenced previous judgments, particularly Smt. Sureshta Devi v. Om Prakash, affirming that mutual consent is essential for the court's jurisdiction to grant a divorce. The court also addressed the appellant's argument regarding the irretrievable breakdown of marriage, ultimately deciding against dissolving the marriage as the respondent expressed a desire to continue the relationship, especially for their daughter's sake. The appeal was dismissed without costs, and the court encouraged the parties to reconsider their union for the benefit of their child.
Headnote
A) Family Law - Divorce by Mutual Consent - Withdrawal of Consent - Hindu Marriage Act, 1955, Section 13B - The court held that consent given in a mutual consent divorce petition can be withdrawn by either party at any time before the decree is passed, emphasizing the necessity of mutual consent for jurisdiction to grant divorce. (Paras 4-15) B) Family Law - Irretrievable Breakdown of Marriage - Article 142 of the Constitution of India - The court declined to dissolve the marriage under Article 142, noting that the respondent expressed a desire to continue the marriage, which indicated that it had not irretrievably broken down. (Paras 18-26)
Issue of Consideration
Whether the consent once given in a petition for divorce by mutual consent can be subsequently withdrawn by one of the parties after the expiry of 18 months from the date of the filing of the petition?
Final Decision
The Supreme Court dismissed the appeal, affirming that the withdrawal of consent was valid and that mutual consent is necessary for the court's jurisdiction to grant a divorce. The court also declined to dissolve the marriage under Article 142, noting the respondent's desire to continue the marriage.
Law Points
- Divorce by mutual consent
- Withdrawal of consent
- Section 13B Hindu Marriage Act
- 1955
- Irretrievable breakdown of marriage
- Jurisdiction under Article 142
