Spouse Can Withdraw Consent To Mutual Divorce Even After Final Argument: Orissa HC

Bhubaneswar: The Orissa High Court recently ruled that a spouse can unilaterally withdraw the consent to mutual divorce before the passing of the decree.

“…the law as has been explained by the apex court reveals that any of the spouse can withdraw consent unilaterally and consent being the essence of grant of decree of divorce U/S. 13-B of the Hindu Marriage Act, no decree of divorce can be passed U/S.13-B of Hindu Marriage Act, 1955, if any of the parties withdraws such consent,” the Single Bench of Justice Gourishankar Satapathy observed.

The court reiterated the significance of ‘mutual consent’ of spouses for grant of divorce under Section 13-B of the Hindu Marriage Act, while hearing a plea filed by a couple, who married in 2018 but decided to part ways due to certain marital dissensions after residing together for some years, the Live Law reported.

Even as final arguments on behalf of the parties were heard and judgment was reserved, petitioner-wife unilaterally withdrew her consent just four days before the grant of divorce. However, the Family Court still dissolved the marriage on the basis of the mutual consent.

Aggrieved over decision of the trial Court, she had moved the HC. “In this case, although the writ petitioner has withdrawn her consent just 4 days before the passing of decree, but the learned trial court notwithstanding to such fact has dissolved the marriage between the parties on mutual consent U/S. 13-B of the Hindu Marriage Act, which is not only erroneous, but also unsustainable in the eye of law and liable to be set aside,” it held.

The matter was remitted back to the concerned court for fresh disposal, the report added.