JUDGMENT

Mangesh S. Patil, J. - Heard. Rule. The Rule is made returnable forthwith. Learned advocate for the respondent waives service. At the request of both the sides the matter is heard finally at the stage of admission.

2. The question that arises for determination by this Court is as to whether in a proceeding for divorce instituted by the respondent-husband on the ground of desertion under Section 13(1)(i-b) of the Hindu Marriage Act, 1955 (hereinafter 'the Act') when the parties i.e. petitioner-wife and the respondent-husband 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 he can be permitted to withdraw the consent. The issue arises from following facts :

(i) The parties solemnized the marriage on 24.04.2012. Due to matrimonial dispute they started living separately since March 2013. Respondent-husband instituted a petition for divorce on the ground of desertion under Section 13(1)(i-b) of the Act. The parties appeared before a marriage counsellor and settled the terms which were filed before the Family Court at Exh. 7 (Exh. 'C' of the Writ Petition). The learned Judge p