The Supreme Court Said “Either the husband or wife could withdraw consent to divorce any time before the decree is passed by matrimonial court”.
A bench comprising of Justice D.K. Jain and H.L. Dathu explained that “With the complete agreement between husband and wife for dissolution of marriage and unless the court is completely satisfied it cannot grant decree for divorce by mutual consent”. The court made it clear that one of the parties may withdraw their consent at any time before the passing of the decree. The most important requirement for grant of divorce by mutual consent is free consent of both parties.
A bench comprising of Justice D.K. Jain and H.L. Dathu explained that “With the complete agreement between husband and wife for dissolution of marriage and unless the court is completely satisfied it cannot grant decree for divorce by mutual consent”. The court made it clear that one of the parties may withdraw their consent at any time before the passing of the decree. The most important requirement for grant of divorce by mutual consent is free consent of both parties.
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