Case Note & Summary
The petitioner-wife and respondent-husband married on 24.04.2012 and separated in March 2013. The husband filed a divorce petition on the ground of desertion under Section 13(1)(i-b) of the Hindu Marriage Act, 1955. During proceedings, the parties appeared before a marriage counsellor and settled terms of compromise, agreeing to obtain a divorce by mutual consent under Section 13-B. The husband paid Rs. 25,00,000/- but later filed an application (Exh. 11) seeking to withdraw his consent, claiming difficulty in paying the remaining Rs. 1,10,00,000/-. The wife opposed, arguing the compromise was binding and the petition should be treated as one under Section 13-B. The Family Court allowed the husband to withdraw consent. The wife filed a writ petition challenging that order. The High Court examined whether consent can be withdrawn before the final decree in a mutual divorce. It held that under Section 13-B, consent must continue until the decree is passed; a party can withdraw consent at any time before the final order. The compromise before the counsellor does not automatically convert the petition into a mutual consent divorce; the court must follow the statutory procedure. The Family Court's order was upheld, and the writ petition was dismissed.
Headnote
A) Family Law - Divorce by Mutual Consent - Withdrawal of Consent - Section 13-B Hindu Marriage Act, 1955 - The issue was whether a husband who had agreed to terms of compromise before a marriage counsellor to convert his desertion divorce petition into a mutual consent divorce could later withdraw his consent. The Court held that until the final order of divorce is passed, a party can withdraw consent, and the Family Court's order permitting withdrawal was upheld. (Paras 2-8) B) Family Law - Compromise Before Marriage Counsellor - Binding Nature - Section 13-B Hindu Marriage Act, 1955 - The wife argued that the compromise terms before the counsellor were binding and the petition should be treated as one under Section 13-B. The Court held that such compromise does not automatically convert the petition; the court must still follow the procedure under Section 13-B, including the six-month waiting period, and consent can be withdrawn before the final decree. (Paras 4-7)
Issue of Consideration
Whether in a proceeding for divorce instituted by the husband on the ground of desertion under Section 13(1)(i-b) of the Hindu Marriage Act, 1955, when the parties have settled the terms of compromise before the marriage counsellor inter alia agreeing to obtain a divorce by mutual consent under Section 13-B of the Act, the husband can be permitted to withdraw the consent.
Final Decision
The High Court dismissed the writ petition, upholding the Family Court's order permitting the husband to withdraw his consent.
Law Points
- Consent withdrawal in mutual divorce
- Section 13-B Hindu Marriage Act
- 1955
- Compromise before marriage counsellor
- Family Court jurisdiction
