N G RAMAPRASAD Vs. B C VANAMALA

JUDGEMENT

(1.) In this Miscellaneous Appeal, arising under the provisions of the Hindu Marriage Act, 1955, the following question of law arises for consideration : Whether the Court before which a petition under Section 13B of the Hindu Marriage Act 1955 seeking decree of divorce by consent is presented can proceed to consider the petition on merits, after the expirty of six months from the date of presentation, if one of the parties to the petition withdraws the consent given or refuses to join the other to make a motion for consideration of the petition on merits ?

(2.) The facts of the case, in brief, are as follow : The marriage between the appellant and the respondent took place on 22-2-1981. An application was made before the Court of the City Civil Judge, Bangalore on 7-8-1985 under Section 13B of the Hindu Marriage Act, 1955 ('the Act' for short). It was registered as M.C. No. 210/85. No steps were taken by both the parties for the disposal of the petition which they could have done after the expiry of six months from the date of presentation of the petition and before the expiry of 12 months thereafter, in view of sub section (2) of Section 13B of the Act. On 28-1-1987 the respondent filed an application under Section 24, and 25 of the Act seeking maintenance from the appellant. According to the learned counsel for the respondent, the statements made in the application by the respondent was that she was no longer interested in getting divorce by consent. A copy of the application filed and the objection filed by the appellant to it have been produced. The appellant in his objection to the application stated thus:

(3.) In view of the above submission and also for the reason that already 18 months had elapsed from the date of presentation of the petition, the learned Judge proceeded to dismiss the application. Aggrieved by the said order, the appellant has presented this appeal.