SURESHTA DEVI V. OM PRAKASH [AIR 1992 SC 1904].
Observation: Section 13-B was not there in the original Act. It was introduced by the Amending Act 68 of 1976.
Section 13-B is in parimateria with Section 28 of the Special Marriage Act, 1954. Sub- section (1) of Section 13-B requires that the petition for divorce by mutual consent must be presented to the court jointly by both the parties. Similarly, sub-section (2) providing for the motion before the court for hearing of the petition should also be by both the parties.
There are three other requirements in sub-section (1) which are:
- (i) They have been living separately for a period of one year,
- (ii) They have not been able to live together, and 102 16
- (iii) They have mutually agreed that marriage should be dissolved.
Under sub-section (2) the parties are required to make a joint motion not earlier than six months after the date of presentation of the petition and not later than 18 months after the said date.
Held: It is not necessary that parties should b living under separate roofs. They might be living in the same house but not as husband and wife.
Further held that a party could withdraw his or her consent unilaterally. This view was held incorrect in law. [Read with amardeepsingh v. harveenkaur (2017) U Ulalit and Adarsh Goyal.]
