Mutual consent divorce can still be granted under Article 142 in exceptional cases despite later withdrawal of consent.

Under Section 13B of the Hindu Marriage Act, mutual consent for divorce ordinarily must continue until the final decree, so withdrawal before that stage prevents relief in the usual statutory course. The Supreme Court nevertheless may, in an exceptional case, grant a decree of mutual divorce under Article 142 to do complete justice where the marriage has irretrievably broken down and the parties have lived apart for years. On the stated facts, prolonged separation and an existing settlement supported the exercise of that extraordinary power, and withdrawal of consent did not bar relief.

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Issues: Whether a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 can be granted after one spouse withdraws consent before the final decree, and whether the Supreme Court can nevertheless grant such relief in exercise of Article 142 of the Constitution of India.

Analysis: Section 13B contains two stages: the initial joint petition on the basis of mutual consent, and the later motion for the final decree, at which stage the petition must not have been withdrawn. The earlier line of authority held that consent must continue till the decree is passed, and that a unilateral withdrawal would defeat the petition. The Court reconciled that position with later decisions invoking Article 142 in exceptional cases where the marriage had irretrievably broken down and the parties had lived apart for years. It held that such extraordinary relief is available only to the Supreme Court and not to other courts, which must act within the statute. On the admitted facts, the parties had lived separately for more than seven years and the respondent had already received property rights under the settlement.

Conclusion: The withdrawal of consent did not bar relief in this case, and the Supreme Court was justified in granting a decree of mutual divorce under Article 142.

Ratio Decidendi: Under Section 13B of the Hindu Marriage Act, 1955, consent ordinarily must subsist till the final decree, but the Supreme Court may, in an exceptional case and to do complete justice, grant a decree of mutual divorce under Article 142 despite withdrawal of consent where the marriage has irretrievably broken down.

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