A and B petitioned for divorce by mutual consent. After the expiry of 18 months B withdrew her consent…
Under s.13B of the Hindu Marriage Act mutual consent must subsist right up to the passing of the decree, and either party may withdraw consent before then, as held in…
Choose your answer
A and B petitioned for divorce by mutual consent. After the expiry of 18 months B withdrew her consent and refused to appear before the court. Choose the correct legal position.
Answer and explanation
Correct answer A
Under s.13B of the Hindu Marriage Act mutual consent must subsist right up to the passing of the decree, and either party may withdraw consent before then, as held in Sureshta Devi v Om Prakash. Hence "B has a right to withdraw her consent".
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