Supreme Court of India · 1991-02-07
SMT. SURESHTA DEVI vs OM PRAKASH
- Citation / case number
- SC 1991/80392
- Court
- Supreme Court of India
- Petitioner
- SMT. SURESHTA DEVI
- Respondent
- OM PRAKASH
- Author
- K. SHETTY
- Bench
- K.J. SHETTY
Judgment text excerpt
The Supreme Court clarified that under Section 13-B of the Hindu Marriage Act, mutual consent for divorce must be maintained until the decree is passed. The Court emphasized that if one party withdraws consent during the waiting period, the decree cannot be granted, as mutuality is essential. The judgment overruled previous decisions that suggested otherwise, reinforcing that both parties must jointly agree for the divorce to proceed.