By the Court.—The wife has preferred this appeal under Section 28 of the Hindu Marriage Act, 1955 read with Section 19 of the Family Courts Act, 1984 against the decree for dissolution of marriage passed under Section 13-B of the Hindu Marriage Act, 1955 with the consent of the parties vide order dated 11.1.2018 passed by the Family Court, Agra.

2. The argument of Sri Anjani Kumar Dubey, learned counsel for the appellant-wife is that the aforesaid decree has been obtained by fraud by getting the signatures of the appellant-wife on the petition by coercion. The wife was confined in the house of the husband and thus taking undue advantage of such confinement her signatures were obtained to get the divorce. The Family Court could not have passed the decree of divorce under Section 13-B of the Hindu Marriage Act, 1955 without the second motion and that too before expiry of six months from the first motion.

3. The law is well-settled that a decree passed by consent cannot be challenged by way of appeal.

4. The appeal has been preferred under Section 19 of the Family Courts Act, 1984 which specifically prohibits filing of an appeal against a decree passed with the consent of the parties.

5. The moot question, therefore, is whether an appeal would lie under Section 19 of the Family Courts Act, 1984 against a decree passed under Section 13-B of the Hindu Marriage Act, 1955 by mutual consent.

6. The certified copy of the petition filed under Section 13-B of the Hindu Marriage Act, 1955 jointly by the wife and the husband is signed by both of them on each and every page and it has been duly verified by the wife and the husband both. The said petition is accompanied by their joint affidavit which is also signed on each and every page by both of them.

7. The petition was presented before the Family Court on 11.7.2017. The affidavit in support of the petition is also of the same date.

8. The petition filed under Section 13-B of the Hindu Marriage Act, 1955 came up for consideration as fixed by the Court, after six months i.e. on 11.1.2018. On the said date, both the husband and the wife appeared before the Court. None of the parties in the meantime either withdrew the petition nor the consent for divorce either orally or by moving any application. They filed another joint affidavit may be for initiating the second motion on 11.1.2018 acknowledging the earlier facts and that the mediation between them has failed. The Court in view of the fact that the marriage between the parties was solemnised on 30.5.2015 and they were living separately since 15.3.2016 with no issue of the wedlock, after recording its satisfaction that the petition is bona fide, passed the decree of dissolution of marriage by mutual consent.

9. A decree of divorce by mutual consent can only be passed if all essential ingredients contained in Section 13-B of the Hindu Marriage Act, 1955 are satisfied to the satisfaction of the Court.

10. Section 13-B of the Hindu Marriage Act, 1955 is reproduced herein-below:

“13-B. Divorce by mutual consent.—(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district curt by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Law (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-section (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