SUPREME COURT OF INDIA – WHETHER THE CONSENT ONCE GIVEN IN A PETITION FOR DIVORCE BY MUTUAL CONSENT CAN BE SUBSEQUENTLY WITHDRAWN BY ONE OF THE PARTIES?
Supreme Court of India
Date of Judgement: 18.04.2011
The language employed in Section 13B(2) of the Hindu Marriage Act is clear. The Court is bound to pass a decree of divorce declaring the marriage of the parties before it to be dissolved with effect from the date of the decree, if the following conditions are met:
- The second motion by both the parties is made not before 6 months from the date of filing of the petition as required under sub- section (1) and not later than 18 months;
- After hearing the parties and making such inquiry as it thinks fit, the Court is satisfied that the averments in the petition are true; and
- The petition is not withdrawn by either party at any time before passing the decree.
