The consent of both parties to a petition under Section 13B of the Hindu Marriage Act must continue till the decree nisi and must be a valid subsisting consent when the case is heard. Either party is at liberty to revoke its consent any time before the petition is finally disposed of.

AGNIHOTRI, J.

1. This first appeal has been filed by Smt. Harcharan Kaur wife of Nachhattar Singh against the decree of divorce granted in favour of husband NaChhattar Singh under Sub-Sec. (2) of Sec.13B of the Hindu Marriage Act, 1955 , by the learned Additional Senior Subordinate Judge, Jagraon, on 17th December, 1985.

2. Briefly stated, on 26h June, 1970, Nachhattar Singh son of Chanan Singh, resident of village Sudhar, Tehsil Jagraon, District Ludhiana, married Smt. Harcharan Kaur daughter of Nahar Singh, of village Raowal, Tehsil Jagraon, District Ludhiana, by solemnising the marriage by performing Anand Karj ceremony in village Raowal. The parties lived together for about thirteen years as husband and wife and out of this wedlock two children were born - son Hardeep Singh aged about 12½ years and daughter Mandeep Kaur aged about 4½ years.

3. In December, 1982, relations between the husband and wife got strained and they started living separately with effect from January, 1983. Having lived separately for about one and a half years, they agreed to have their marriage dissolved by mutual consent, as a result where of a petition under Sec.13-B of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act), for dissolution of marriage by a decree of divorce was presented by husband Nachhattar Singh and wife Harcharan Kaur together. The petition filed on 23rd July, 1984, came up before the Court for recording the statements of the parties on 24th July, I984. After recording the statements of both the parties on the said date, the petition was adjourned to 28th January, 1985, to comply with the statutory requirement laid down in Sub-Sec. (2) of Sec.13-B of the Act, that is, the marriage can be dissolved not earlier than six months after the date of presentation of the petition.

4. However, on 28th January, 1985, Smt. Narcharan Kaur, the present appellant, failed to appear in the Court and was summoned again for 6th February, 1985. On the adjourned date of hearing, that is, on 6th February, 1985, the wife, Harcharan Kaur, made a statement in the Court that she did not want to divorce her husband and the petition for divorce submitted on 23rd July, 1984, be dismissed. Accordingly, acting upon the statement of Harcharan Kaur, the Court dismissed the petition on 6th February, 1985, obviously on the ground that one of the parties was not willing to dissolve the marriage by mutual consent.

5. Aggrieved by this order, Nachhattar Singh approached the High Court by filing F.A.O. No. 100-M of 1985. That appeal was allowed by the learned single Judge of this Court on 9th September, 1985, vide his judgement reported as Nachhattar Singh V/s. Harcharan Kaur; AIR 1986 Punj and Har 201, whereby the order of the learned Additional Senior Subordinate Judga was set aside and the case was sent back for making inquiry as envisaged by Sub-Sec.(2) of Sec.13-B of the Act. and to decide thereafter the petition for divorce by mutual consent in accordance with law. The relevant portion of the judgement of the learned single Judge is reproduced below :-

"The impugned order suffers from legal infirmity and is, therefore, unsustainable. Sub-Sec. (2) of Sec.13-B of the Act is in the following terms :- (2) On the motion of both the parties made not earlier than six months after the date of presentation of the petition referred to in Sub-Sec. (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 solemanized 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 reading of this Sub-Section would show that the scheme of Sec.13-B of the Act does not envisage withdrawal of consent by one party. The petition can be dismissed as withdrawn only if both the parties