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1986 Supreme(Ker) 237

V.SIVARAMAN NAIR, JOHN MATHEW
MOHANAN – Appellant
Versus
JEEJABAI – Respondent


Judgment :-

1. An interesting question is sought to be raised by the appellant. That relates to the withdrawal of an application jointly filed by the spouses for divorce by mutual consent under S.13B of the Hindu Marriage Act. The appellant urges that once as application by mutual consent under that section is filed, neither of the spouses is entitled to unilaterally withdraw such consent. It is also submitted that even assuming that one of the spouses withdraws the consent, the Court is not entitled to act on such withdrawal.

2. The facts of this case are only very few. The appellant and the respondent were married in June, 1980. An application for divorce by mutual consent was filed under S.13B of the Hindu Marriage Act on 23-6-1981 and the same was numbered as H.M.O.P. No. 50 of 1981. On 27-6-1981, that petition was posted to 4-1-1982 for reporting reconciliation, if any. I.A. No. 2187 of 1981 was filed by the respondent on 29-10-1981 stating that she had not consented to the divorce and had not read the petition before she signed the same. She, therefore, requested that she might be allowed to withdraw the petition. That petition was allowed on 31-10-1981. On the same day, the A








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