SURESHTA DEVI Vs. OM PRAKASH

JUDGEMENT

(1.) 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 consent, 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 13B of the Hindu Marriage Act, 1955 ('Act') can unilaterally withdraw the consent or whether the consent once given is irrevocable.

(3.) Section 13-B was not there in the original Act. It was introduced by the Amending Act 68 of 1976. SECTION 13-B provides :