Case Note & Summary
The dispute arose from a mutual divorce petition filed by the appellant husband and respondent wife under Section 13-B of the Hindu Marriage Act, 1955, after their marriage on 22nd June 1985. They filed a joint petition for divorce on 4th September 2004, but the respondent wife withdrew her consent during the proceedings, leading to the dismissal of the petition by the District Judge on 17th March 2005. The appellant appealed to the High Court, which also dismissed the appeal, noting that the respondent did not wish to dissolve the marriage despite expressing a desire to live separately. The appellant contended that the marriage had irretrievably broken down and referenced previous Supreme Court decisions that allowed for mutual divorce under similar circumstances. The Supreme Court analyzed the legal principles surrounding mutual divorce, particularly the necessity for consent to remain until the decree is passed, as established in Smt. Sureshta Devi vs. Om Prakash. However, it also acknowledged the evolving doctrine of irretrievable breakdown of marriage, allowing the Supreme Court to exercise its powers under Article 142 to grant a decree of divorce even when consent was withdrawn, provided the marriage had irretrievably broken down. The Court found that the parties had been living separately for over seven years and that the respondent's withdrawal of consent was not sufficient to deny the mutual divorce. Consequently, the Supreme Court allowed the appeal, set aside the High Court's order, and granted a decree of divorce based on the joint petition, effective from the date of the judgment.
Headnote
A) Family Law - Mutual Divorce - Consent Requirement - Hindu Marriage Act, 1955, Section 13-B - The court held that consent given at the time of filing a mutual divorce petition must subsist until the decree is passed; if consent is withdrawn, the petition must be dismissed. (Paras 8-9) B) Family Law - Irretrievable Breakdown - Article 142 Powers - Hindu Marriage Act, 1955 - The Supreme Court can grant a decree of mutual divorce under Article 142 even if one party withdraws consent, provided the marriage has irretrievably broken down. (Paras 17-19) C) Family Law - Living Separately - Grounds for Divorce - Hindu Marriage Act, 1955, Section 13-B - The court recognized that living separately for over seven years constituted grounds for mutual divorce, despite one party's withdrawal of consent. (Paras 20-22)
Issue of Consideration
Whether a decree can be passed on a petition for mutual divorce under Section 13-B of the Hindu Marriage Act when one of the petitioners withdraws consent prior to the decree.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and granted a decree of mutual divorce under Section 13-B of the Hindu Marriage Act, 1955, effective from the date of the judgment.
Law Points
- Mutual divorce
- Consent withdrawal
- Irretrievable breakdown of marriage
- Article 142 powers
- Section 13-B Hindu Marriage Act
