ASHOK KOHLI Vs. NEELAM KOHLI

JUDGEMENT

(1.) The question raised is as to whether one of the parties to a joint petition under Section 13 B of the Hindu Marriage Act can withdraw its consent and if so, is the Court bound to act on it.?

(2.) First a brief resume' of the facts.

(3.) Learning on two judgments of this Court in Chander Kanta v. Huns Kumar AIR 1989 Delhi 73 and Raj Rani v. Roop Kumar, 41 (1990) DLT 266 it has been contended by the learned Counsel for the petitioner that since the consent to both the petitions had not been obtained by force, fraud or undue influence, its unilateral withdrawal could not be permitted. It is further argued that the dismissal of the petition is even opposed to the principle underlying Order 23 of the Code of Civil Procedure.