MEENA DUTTA Vs. ANIRUDH DUTTA

JUDGEMENT

(1.) Appellant Smt. Meena Dutta filed a petition for divorce under Sec. 13 of the Hindu Marriage Act on the ground of cruelty, On 18-1983, appellant and her husband Anirudh Dutta filed an application under section 13-B of the Hindu Marriage Act for dissolution of the marriage by mutual consent. In accordance with the provisions contained in Sec. 13-B(2) of the Act, the case was adjourned for six months and posted for further proceedings on 2-2-1984. On that date, Court below recorded statement of the appellant and the respondent. Both parties admitted their signatures in the application for divorce by mutual consent. However, a snag developed when the respondent in his statement expressed that he wanted to resile from that term in the application under Sec. 13-B of the Act by which he had agreed to hand over the original receipt of Fixed Deposit made by him for Rs. 20,000 for the appellant and his children.

(2.) Learned Additional District Judge observed that since the respondent was not willing to accept the term and was withdrawing his consent given in the application under section 13-B of the Act, he dismissed the said application for divorce by mutual consent was liable to be dismissed and directed that he shall proceed with the petition and decide it on merits.

(3.) Learned counsel for the appellant contends firstly that the Court below had no jurisdiction to refuse to pass a decree for divorce under Sec. 13-B of the Act merely because one of the parties wanted to withdraw its consent thereto. Secondly, according to him, this Court while passing an appropriate order for divorce should also compel performance on the part of the respondent of the condition regarding handing over of the Fixed Deposit Receipt for Rs. 20,000 to the appellant for her and children's maintenance.