SMT. SURESHTA DEVI versus OM PRAKASH

SMT. SURESHTA DEVI versus OM PRAKASH

A spouse may unilaterally withdraw consent for divorce by mutual consent at any time before the decree is passed; mutual consent must subsist throughout until the decree is granted. Withdrawal of consent by one party precludes the court from passing a decree of divorce by mutual consent.

Parties
Appellant: Smt. Sureshta Devi; Respondent: Om Prakash
Jurisdiction
India
Judgment Date
07 February 1991
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeal allowed; decree of divorce by mutual consent set aside.
Legal Topics
Divorce, Mutual Consent Divorce, Hindu Marriage Act
Family Law Divorce Mutual Consent Divorce Hindu Marriage Act

Case Brief

Summary, issues, holding and outcome

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Parties

Smt. Sureshta Devi

Appellant

Om Prakash

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether consent for divorce by mutual consent under Section 13-B of the Hindu Marriage Act can be unilaterally withdrawn before passing of decree
  2. 2 Interpretation of requirements under Section 13-B(1) and (2)
  3. 3 Scope and meaning of 'living separately' and 'have not been able to live together'

Ratio Decidendi

A spouse may unilaterally withdraw consent for divorce by mutual consent at any time before the decree is passed; mutual consent must subsist throughout until the decree is granted. Withdrawal of consent by one party precludes the court from passing a decree of divorce by mutual consent.

Court Disposition

Appeal allowed; decree of divorce by mutual consent set aside.

Orders

  • Decree for dissolution of marriage by mutual consent is set aside.
  • Order as to costs in light of circumstances.