PRIYANKA Vs. AMIT

JUDGEMENT

(1.) Heard. Rule. The Rule is made returnable forthwith. Learned advocate for the respondent waives service. At the request of both the sides the matter is heard finally at the stage of admission.

(2.) The question that arises for determination by this Court is as to whether in a proceeding for divorce instituted by the respondent-husband on the ground of desertion under Section 13(1)(i-b) of the Hindu Marriage Act, 1955 (hereinafter 'the Act') when the parties i.e. petitioner-wife and the respondent-husband have settled the terms of compromise before the marriage counsellor inter alia agreeing to obtain a divorce by mutual consent under Section 13-B of the Act he can be permitted to withdraw the consent. The issue arises from following facts :

(3.) The learned advocate for the petitioner-wife submits that since the terms and conditions were settled before the marriage counsellor, there was no question of withdrawal. The terms were duly presented before the Family Court and for all practical purposes the petition thereafter ought to have been proceeded under Section 13-B of the Act. The learned advocate would then submit that in view of the provisions of Rule 31 of the Family Courts (Maharashtra) Rules, 1987 the terms of settlement agreed before the marriage counsellor have sanctity and finality.