ANIL KUMAR JAIN Vs. MAYA JAIN

JUDGEMENT

(1.) Leave granted.

(2.) The short point for decision in this appeal is whether a decree can be passed on a petition for mutual divorce under Section 13B of the Hindu Marriage Act, 1955, when one of the petitioners Withdraws consent to such decree prior to the passing of such decree.

(3.) In the instant case, the appellant husband was married to the respondent wife on 22nd June, 1985, according to Hindu rites. On account of differences between them, they took a decision to obtain a decree of mutual divorce, which resulted in the filing of a joint petition for divorce under Section 13B of the Hindu Marriage Act, 1955, (hereinafter referred to as 'the Act') on 4th September, 2004, in the District Court at Chhindwara. The same was registered as Civil Suit No. 167-A of 2004. As required under the provisions of Section 13B of the aforesaid Act, the learned Second Additional District Judge, Chhindwara, fixed the date for consideration of the petition after six months so as to give the parties time to reconsider their decision. On 7th March, 2005, after the expiry of six months, the learned Second Additional District Judge, Chhindwara, took up the matter in the presence of both the parties who were present in the Court. While the appellant husband reiterated his earlier stand that a decree of mutual divorce should be passed on account of the fact that it was not possible for the parties to live together, on behalf of the respondent wife it was submitted that despite serious differences which had arisen between them, she did not want the marriage ties to be dissolved. On account of withdrawal of consent by the respondent wife, the [Learned Judge dismissed the joint petition under Section 13B of the Act.