In Brief
A husband and wife executed a mutual agreement to dissolve their marriage in December 2014 and filed a joint petition under Section 13-B of the Hindu Marriage Act. During proceedings, the wife failed to appear and later withdrew her consent. Both the Family Court and High Court dismissed the petition due to lack of continuing mutual consent. The Supreme Court allowed the appeal, invoking Article 142 to decree dissolution based on the genuine initial agreement, the parties' prolonged separation, and the wife's conduct (non-appearance and failure to formally oppose) which indicated she lacked genuine interest in preserving the marriage despite her oral withdrawal of consent.
The lawyer headnote and full judgment text are available to registered users.