ANIL KUMAR JAIN vs MAYA JAIN

The Supreme Court held that under Section 13-B of the Hindu Marriage Act, 1955, a decree for mutual divorce cannot be granted if one party withdraws consent before the decree is passed. The Court emphasized that the mutual consent required for filing the petition must persist until the decree is finalized. The appeal against the High Court's dismissal of the mutual divorce petition was rejected, affirming that the appellant could file a divorce petition based on merits, considering the parties had been living separately for five years.