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1991 Supreme(HP) 22

K.JAGANNATHA SHETTY, S.C.AGRAWAL
SURESHTA DEVI – Appellant
Versus
OM PRAKASH – Respondent


Advocates Appeared:
For the appellant :Dhruv Mehta, Aman Vachher and S. K. Mehta, Advocates. For the respondent:Subhagmal Jain, Senior Advocate (H. K. Puri, Advocate, with him).

JUDGMENT

K. Jagannatha Shetty, J.—Special leave granted.

2. This appeal from a decision of the Himachal Pradesh High Court concerns the validity of a decree of dissolution of marriage by mutual con sent, 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 section 13-B 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 November 21, 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 December 9, 1984 to January 7, 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 January 8, 1985, both of them came to Hamirpur. The wife was accompanied by her Counsel, Shri Madan Ratan. After about an hours discussion, they moved a petition under section 13-B for divorce by mutual consent in the District Court at Hamirpur. On January 9, 1985 the court recorded statements of the parties and left the matter there













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