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1. If a petition for divorce by mutual consent is filed under Section 13 (b) of the Hindu Marriage Act, 1955, then both the spouse must give consent at the time of filing the said petition and also at the time of passing final divorce decree after expiry of six months waiting period.
2. It is general practice that if a mutual consent divorce petition is not withdrawn, then on the final date of hearing, it is mandatory for the court to ask the spouse if they still wish take divorce. If one of the parties is absent on two or three dates, then the court can not presume that the absent party has given consent for divorce. If a spouse remains absent for more then eighteen months from the day of filing of mutual consent divorce petition, then the Court may dismiss the said petition on the presumption that the absent spouse does not wish to take divorce by mutual consent.
3. If on the final day of hearing in a petition filed for grant of divorce by mutual consent, one of the parties says that he/she does not wish to take the divorce, then the court cannot pass the divorce decree.
4. Once consent for mutual consent divorce is withdrawn, the court’s only option is to close the case at the same time and the court has no right to look into the reasonableness or Bonafide’s of withdrawal of consent.

This article is researched and authored by Advocate Aarun Chanda practicing at Mumbai & Pune

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