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Head Note

The Hindu Marriage Act, 1955  - Section 13-B

Petition for divorce by mutual consent - Consent should continue till passing of decree of divorce - In the instant case mandatory period of six months expired - Wife appearing but husband not turned up - Decree of divorce granted by Court set aside - It was passed without ascertaining consent of the husband - Court cannot presume consent by mere absence of husband - Court directed to ascertain consent of parties and then pass a decree - Mutual consent should continue till the divorce decree is passed.

The Hindu Marriage Act, 1955  - Section 13-B

Petition for divorce by mutual consent - One the parties withdrawing the consent when enquiry made by Court - Court can pass decree at the instance of one of the parties and against the consent of other party but such a decree cannot be regarded as a decree by mutual consent. (1991)2 SCC 25 relied.

Topic(s)-Divorce by mutual consent