JAGANNADHA SHETTY, AGRAWAL
Sureshta Devi – Appellant
Versus
Om Prakash. – Respondent
1. Special Leave granted. Civil Appeal No. 633 of 1991. Decided on 7th February, 1991.
2. This appeal from a decision of the Himachal Pradesh High Court concerns the validity of a decree of dissolution of marriage by mutual consent, and is said, probably rightly, to raise an important issue. The issue is whether a party to a petition for divorce by mutual consent under S.13B of the Hindu Marriage Act, 1955 ('Act') can unilaterally withdraw the consent or whether the consent once given is irrevocable.
3. The appellant is the wife of the respondent. They were married on 21 November 1968. They lived together for about six to seven months. Thereafter, it is said that the wife did not stay with the husband except from 9 December 1984 to 7 January 1985. That was pursuant to an order of the Court, but it seems that they did not live like husband and wife during that period also. On 8 January 1985, both of them came to Hamirpur. The wife was accompanied by her counsel, Shri Madan Rattan. After about an hour discussion, they moved a petition under S.13-B for divorce by mutual consent in the District Court at Hamirpur. On 9 January 1985, the Court recorded statements of the parties
OverRuled: AIR 1989 Del. 73;1984 Bom. 302;1984 (II) DMC 388 (MP);
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