AIR 1984 BOMBAY 302 ::(1984) 2 Civ LJ 171 ::(1984) 86 Bom LR 184 ::(1984) 1 Bom CR 586 ::(1984) MatLR 262 ::(1984) Mah LJ 308

Bombay High Court

Hon'ble Judge(s): B. C. Gadgil , J

Hindu Marriage Act (25 of 1955) , S.13B, S.21, S.23— Joint Petition for divorce by mutual consent - Whether one of the spouses can withdraw a joint petition - Whether consent once accorded can be later on withdrawn - Whether such conduct is relevant circumstance under S.13B (2). Civil P.C. (5 of 1908) , O.23 R.1(5)— There cannot be any abandonment of the marriage petition filed under S.13B without the consent of the parties. When one spouse is not consenting to abandonment of a joint petition filed under Section 13B, the other party has no right either ho abandon that petition or withdraw that petition.(Para 8) A reading of S.13B would show that what is necessary is that there should be a consent for mutual divorce at the time when the petition is filed. If that consent is a free consent of both the parties, it will not be possible for any of them to nullify the petition by saying that though initially the consent was voluntarily given, still the said party now intends to withdraw it. It will not be possible for any party to voluntarily agree to have a divorce by mutual consent or to revoke or withdraw that consent at a later stage. Such permission would nullify the very purpose of a joint application.(Para 9) Where there is abundant evidence to show that at the time when the applic....