Heard learned counsel appearing on behalf of the petitioner and the
respondent, who has appeared in-person.
Though the petition was placed under the heading “Incomplete After
Notice Matters”, but both the parties agreed that the matter should be taken up for
hearing and finally disposed of.
Leave granted.
It appears that a petition under Section 13-B of the Hindu Marriage Act,
1955 [for short, `the Act'] was filed before the Trial Court to grant mutual consent
divorce decree but as, at the second motion stage, husband did not appear, divorce
decree could not be granted and the petition for divorce was dismissed. The said
order has been confirmed by the High Court. Hence, this appeal by special leave by
the wife.
Both the husband and wife are present in court. The wife is represented
by counsel, whereas the husband is appearing in-person. The husband stated that he
still maintains his stand which he had taken in the petition under Section 13-B of the
Act to grant mutual consent divorce decree. The wife, who is also present in court,
while agreeing to grant divorce decree, stated that she does not want any amount
towards permanent alimony. In view of this, in our view, it is a fit case to set aside the
impugned orders and grant mutual consent decree for divorce.
Accordingly, the appeal is allowed, impugned orders are set aside and
mutual consent divorce decree is granted.
No costs.
[G.S. SINGHVI] New Delhi, July 25, 2008.