Advocates:
AMAN VACHHER, Dhruv Mehta, H.K.PURI, S.K.MEHTA, SOBHAG MAL JAIN

Based on the provided legal document, the key points are as follows:

1. The section on divorce by mutual consent under the Hindu Marriage Act, 1955, is in pari materia with similar provisions under the Special Marriage Act, 1954. The section requires that the petition for divorce be filed jointly by both parties, and that the parties have been living separately for a period of at least one year immediately preceding the filing (!) (!) .

2. The concept of "living separately" connotes that the parties are not living like husband and wife, which is determined by their mental attitude and desire to perform marital obligations, rather than solely by their physical living arrangements. The period of separation must be immediately prior to the filing of the petition (!) (!) .

3. The mutual consent for divorce must be genuine and free from force, fraud, or undue influence. The court's inquiry during the process is to ensure that the consent was obtained bona fide and that the parties genuinely wish to dissolve the marriage (!) (!) .

4. The law emphasizes that mutual consent to divorce is a sine qua non and must continue to be valid and subsisting at the time the court passes the decree. The court's role includes verifying that the consent remains intact during the inquiry stage, especially when the parties move for the passing of the divorce decree (!) (!) .

5. There is a divergence of judicial opinion regarding whether a party can unilaterally withdraw consent at any stage before the decree is passed. Some courts hold that once consent is given freely, it cannot be revoked, while others recognize that a party may withdraw consent before the court grants the divorce decree, provided the withdrawal occurs before the final order (!) (!) .

6. The interpretation that mutual consent must be maintained throughout the process, including during the inquiry and the passing of the decree, is supported by the majority view in the legal document. The court emphasizes that mutual consent should be continuous and valid at the time of the decree (!) (!) .

7. The court ultimately allows the appeal and sets aside the decree for dissolution of marriage, reaffirming that mutual consent is essential and must be maintained throughout the legal process. The decision underscores that the parties' consent should be genuine, ongoing, and not withdrawn unilaterally at any stage before the decree is issued (!) .

These points collectively highlight the importance of continuous, genuine mutual consent in divorce proceedings under the specified statutes and clarify the legal stance on the withdrawal of consent during such proceedings.