Mutual consent divorce requires continuing consent until decree; unilateral withdrawal bars a decree under Hindu Marriage law.

In a divorce by mutual consent under Section 13B of the Hindu Marriage Act, consent must continue until the Court passes the decree. The provision requires not only a joint petition but also a further joint motion after the statutory waiting period, and the interval is meant to allow reconsideration. Section 23(1)(bb) reinforces that the Court must ensure consent remains free from force, fraud or undue influence. If one spouse withdraws consent before the decree, the essential condition for mutual consent disappears and the Court cannot grant the divorce.

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Issues: Whether, in a petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act, one spouse can unilaterally withdraw consent before the decree is passed, and whether mutual consent must continue to subsist until the Court grants the decree.

Analysis: Section 13B requires a joint petition and a further joint motion after the statutory waiting period. The interregnum is intended to give the parties time to reflect, and the wording of sub-section (2) makes it clear that the Court may proceed only if both parties continue to move the Court and the petition has not been withdrawn in the meantime. The requirement of consent is reinforced by Section 23(1)(bb), which obliges the Court to satisfy itself that the consent has not been obtained by force, fraud or undue influence. Mutual consent is therefore not exhausted by the filing of the petition; it must exist when the Court considers the motion for decree. If one spouse withdraws consent before the decree, the essential condition for a decree by mutual consent is absent and the Court lacks jurisdiction to grant it.

Conclusion: A spouse may unilaterally withdraw consent before the decree of divorce is passed, and mutual consent must subsist till the decree; the decree cannot be granted once consent is withdrawn.

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