Hindu Marriage Act, 1955–Sec. 13-B–Divorce by mutual consent–Rejection of application on the ground of non-appearance of respondent-husband in second motion–Justification–While agreeing for dissolution of marriage by mutual consent, petitioner filed the compromise in criminal case and that was quashed–It pre-supposses the consent of respondent-husband–Non-appearance in second motion of hearing cannot be termed as withdrawal of consent–Trial Court failed in exercising it’s jurisdiction–Impugned order set aside and matter remanded back for passing appropriate order.
