No divorce if one spouse withdraws consent: SC

New Delhi: Divorce cannot be granted to a Hindu couple if either of the spouse withdraws the consent before the judicial decree is passed, the SC has ruled.
A bench of justices D K Jain and H L Dattu said in that the most important requirement for grant of a divorce by mutual consent is free consent of both the parties.
“In other words, unless there is a complete agreement between the husband and the wife for the dissolution of the marriage and unless the court is completely satisfied, it cannot grant a decree for divorce by mutual consent,” Justice Dattu said writing the judgment.
The SC passed the judgment while dismissing the appeal filed by Hitesh Bhatnagar challenging the refusal of the matrimonial court and the Punjab and Haryana HC to grant his plea for divorce by mutual consent after the wife expressed the desire to continue the matrimonial relationship.
In the present case, Hitesh Bhatnagar and Deepa Bhatnagar had in 2001 filed a petition under Section 13B of the Hindu Marriage Act, 1955, before the district court in Gurgaon for dissolution of the marriage by grant of a decree of divorce by mutual consent.
However, before passing of the decree of divorce, the wife withdrew the consent on the ground she wanted to live with her husband in the interest of their only daughter, after which the trial court dismissed the petition.
Aggrieved, the husband appealed in the Punjab and Haryana High Court which dismissed his appeal on November 8, 2006, following which he moved the apex court. PTI