RANJIT SINGH Vs. POONAM

JUDGEMENT

(1.) The appeal is against the dismissal of petition under Section 13-B of the Hindu Marriage Act. On a day, six months after the institution of petition, when the matter was called before the Court for eliciting the consent of both parties for a divorce by mutual consent, the wife gave a statement as follows:

(2.) On this statement, the Court found that there had been no consent of spouse and proceeded to dismiss the petition.

(3.) Learned Counsel for the appellant-husband states that the Trial Court could not have dismissed the petition without eliciting the definite case of withdrawal of consent by the wife. A mere statement that she was not prepared to make a statement on that day, could not have been taken as meaning that she was unwilling for divorce by mutual consent and, therefore, the order passed by the Trial Court was erroneous.