1991 (2) TMI 431 - SC - Indian Laws

Summary

Issues:
Validity of a decree of dissolution of marriage by mutual consent; Unilateral withdrawal of consent in a divorce petition under Section 13B of the Hindu Marriage Act.

Analysis:

Issue 1: Validity of a decree of dissolution of marriage by mutual consent
The case involved a dispute regarding the validity of a decree of dissolution of marriage by mutual consent under Section 13B of the Hindu Marriage Act. The appellant, who was the wife, filed an application stating that her consent for divorce was obtained under pressure and threat. The District Judge dismissed the petition, but the High Court reversed the decision, granting a decree for dissolution of the marriage by mutual consent. The High Court held that once consent is given to a petition for divorce, it cannot be unilaterally withdrawn, provided the consent was given freely without force, fraud, or undue influence. The High Court emphasized the importance of mutual consent for the dissolution of marriage.

Issue 2: Unilateral withdrawal of consent in a divorce petition under Section 13B
The main issue was whether a party to a divorce petition under Section 13B of the Hindu Marriage Act could unilaterally withdraw the consent given. The Supreme Court analyzed the provisions of Section 13B, which require joint presentation of the petition by both parties and a motion for divorce not earlier than six months after the petition. The Court noted conflicting views among different High Courts on the issue of withdrawal of consent. The Court emphasized that mutual consent is a fundamental requirement for a divorce decree under Section 13B. The Court held that the interpretation by the High Courts of Kerala, Punjab & Haryana, and Rajasthan, allowing withdrawal of consent before the decree is passed, was correct. The decisions of the High Courts of Bombay, Delhi, and Madhya Pradesh, which held otherwise, were overruled.

Conclusion:
The Supreme Court ruled that mutual consent for divorce must continue until the decree is passed, and unilateral withdrawal of consent is not permissible. The Court affirmed the view that both parties must maintain consent for the divorce decree to be valid under Section 13B. The appeal was allowed, setting aside the decree for dissolution of the marriage. The decisions of certain High Courts were overruled, and no order as to costs was made in the circumstances of the case.