JUDGMENT :

1. Heard learned counsel for the appellant and Sri Harindra Prasad, learned counsel for the sole respondent.

2. This first appeal has been filed by the appellant Smt. Poonam against the judgement and order dated 28.1.2017 passed by Family Court, Gorakhpur, by which Case No. 458 of 2014 (Rajiv Bariyani vs. Smt. Poonam) under Section 13-B of Hindu Marriage Act, 1955 (hereinafter referred to as the "Act"), has been dismissed on the ground that the respondent Rajiv Bariyani has withdrawn his consent.

3. It is contended by learned counsel for the appellant that since the parties have been living separately for the past seven years and the respondent, after giving his consent to divorce by mutual consent, had withdrawn the same after two and a half years, the Family Judge was not at all legally justified in dismissing the Case No. 458 of 2014 (Rajiv Bariyani vs. Smt. Poonam).

4. Per contra, Sri Harindra Prasad, learned counsel for the sole respondent by placing reliance upon a judgement rendered by the Apex Court in Smt. Sureshta Devi vs. Om Prakash reported in 1991 2 SCC 25 submitted that consent can be withdrawn by one of the parties any time before the Court passes a decree of