Supreme Court held: What is significant in this provision is that there should also be mutual consent when they move the Court with a request to pass a decree of divorce. Secondly, the Court shall be satisfied about the bona fides and the consent of the parties. If there is no mutual consent at the time of the enquiry, the Court gets no jurisdiction to make a decree for divorce. If the view is otherwise, the Court could make an enquiry and pass a divorce decree even at the instance of one of the parties and against the consent of the other. Such a decree cannot be regarded as decree by mutual consent.
Supreme Court held it is open to one of the spouses to withdraw the consent given to the petition at any time before the Court passes a decree for divorce. The satisfaction of the Court after , holding an inquiry about the genuineness of the consent, necessarily contemplates an opportunity for either of the spouses to withdraw the consent.
Hindu Marriage Act, 1955—Section 13-B—divorce by mutual consent—Parties not being able to live together—Meaning of—The expression seems to indicate the concept of broken down marriage and that it would not be possible for them to reconcile. [Smt. Sureshta Devi Versus Om Prakash AIR 1992 SC 1904 : (1991) 1 SCR 274 : (1991) 2 SCC 25 : JT 1991 (1) SC 321 : (1991) 1 SCALE 156]
The Court cannot pass a decree of divorce by mutual consent if the Court is held to have the power to make a decree solely based on the initial petition, it negates the whole idea of mutuality and consent for divorce. Mutual consent to the divorce is a sine qua non for passing a decree for divorce under Section 13-B. Mutual consent should continue till the divorce decree is passed. It is a positive requirement for the Court to pass a decree of divorce. “The consent must continue to decree nisi and case is heard”.