Ravinder Kumar vs Karamjeet Kaur

Nawab Singh, J.—This appeal has been filed by Ravinder Kumar, husband of Karamjeet Kaur against the judgment passed by Additional District Judge, Kurukshetra dated May 22, 2008 whereby, petition filed u/s 13-B of Hindu Marriage Act by the parties was dismissed on the ground that Karamjeet Kaur-wife had withdrawn her consent to seek the decree of divorce by mutual consent at later stage, of course, before passing of the final decree.

Question arises as to whether the trial Court could pass decree of divorce by mutual consent even if wife had withdrawn her consent before passing of the final decree. Complete answer to this proposition is provided by the observation of their Lordships of the Hon'ble Supreme Court made in Smt. Sureshta Devi v. Om Parkash (1991) 99 P.L.R. 411 (S.C.). It was authoritatively held that any of the parties has a right to withdraw consent to seek a decree of divorce by mutual consent before passing of final decree and in that eventuality, Court cannot pass a decree of mutual consent.

Here, in the case in hand, Karamjit Kaur had stated on oath before the trial Court that she wanted to continue matrimony with her husband. In this view of the matter, trial Court rightly dismissed the petition and there is no scope for interference. The appeal is therefore, dismissed in limine.