The mutuality of consent must continue to subsist until the expiry of the eighteen months' period or at least until the time of making the motion mentioned in the sub-section. The time limits fixed under the sub-section are only directory and the court can justifiably pass a decree before the expiry of the first six months.

1. A husband and wife sought for a decree of divorce dissolving their marriage as per the provisions of S.13 B of the Hindu Marriage Act, 1955 (for short 'the Act'). Both of them together filed a petition on 16-7-1986 on the ground that they have been living separately for more than one year and that they have not been able to live together and further that they have mutually agreed to have their, marriage dissolved.

The court below posted the petition to 24-7-1987 (skipping the period of six months which is envisaged in the Section). On that day, the husband was present in court but the wife was absent. Hence the lower court dismissed the petition for default. Later, an interlocutory application was filed by the husband praying for restoration of the petition. Learned Sub Judge dismissed the interlocutory application by the impugned order. This Civil Revision is at the instance of the husband.

2. According to the learned Sub Judge, S.13 B of the Act makes it clear that no court shall conduct such enquiry before the expiry of six months from the date of presentation of the petition, and it further provides that such enquiry shall be made not later than eighteen months. In the opinion of the Sub Judge, the period of eighteen months provided in the sub-section "does not mean that the court shall not enter into the merit of the petition on any date prior to it and after the expiry of six months". The lower court took the view that it is impossible to conduct the enquiry contemplated in sub-s. (2) if one of the spouses is absent, even though the personal presence of the parties is not a condition precedent in holding the enquiry.

3. Learned counsel contended that it is not permissible for one of the parties to a petition under S.13 B of the Act to withdraw from the petition jointly filed as the scope of enquiry is confined to three aspects: Whether the spouses have been living separately for more than one year, whether they have not been able to live together and whether they have mutually agreed that the marriage should be dissolved.

4. S.13 B of the Act reads as follows:

"Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-s. (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree".

A Division Bench of this Court in Mohanan v. Jeejabai (1986 K.L.J. 833) has held that satisfaction of the court under S.13 B of the Act contemplates "an opportunity for either of the spouses to withdraw the consent or to indicate from other circumstances that an order of divorce, in terms of the application, may not be desirable". The said decision is authority for the position that it is open to one of the parties to withdraw the consent once given. However, the question which arises in this revision is whether the petition could have been dismissed before or after the expiry of eighteen months (from the date of filing) for default of one of the spouses.

5. Sub-s. (2) envisages two stages in the prosecution of the petition filed under sub-s. (1). The first stage ends with the expiry of six months from the date of fili