ASHISH RANJAN KUMAR MISHRA Vs. RUBY DEVI

JUDGEMENT

(1.) The review petition is concerned with an application filed for divorce on mutual consent, which consent was subsequently withdrawn by the wife. On such withdrawal of consent being affected, the Court below dismissed the application. An appeal was filed against the order of dismissal of the application for divorce on mutual consent, passed on 4/8/2015 in Matrimonial Case No. 5379 of 2014 by the Principal Judge, Patna.

(2.) It was noticed that initially the appellant had filed a Matrimonial Case under Sec. 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. After service of notice, there was some agreement between the parties and a petition under Sec. 13(B) of the Act was filed by the parties for divorce on mutual consent. The appellant husband then withdrew the case filed for restitution of conjugal rights and also complied with certain conditions agreed upon for dissolving the marriage. Later the wife withdrew the consent and the application under Sec. 13(B) stood dismissed. In the appeal, the wife did not appear despite service of notice.

(3.) The ground raised by the appellant was that there was no affidavit filed by the respondent/wife before the Family Court. A Divison Bench of this Court found that there is no provision of law under which withdrawal has to be brought before Court, on affidavit. Quoting Sec. 13(B), it was found that after the petition for divorce on mutual consent was instituted, within six months and eighteen months from the date of filing, it has to be confirmed by the parties regarding, such consent having been continued and existing for the purpose of annulment of marriage. If one of the parties withdraws the consent, the Court below has to necessarily reject the claim and there is no requirement for a withdrawal to be brought before Court on an affidavit. It was also noticed that the wife, who had withdrawn the consent and who is alleged to have not agreed to such withdrawal has never raised a complaint regarding the dismissal of the application. The appeal stood dismissed and it is against that judgement that the present review has been filed.