SMRUTI PAHARIYA v/s SANJAY PAHARIYA
Civil Appeal No. 3465 of 2009 decided on 11/05/2009
a FULL BENCH judgment of Hon'ble SC on S.13-B of Hindu Marriage Act.
Hon'ble SC says Mutual Consent should continue till the divorce decree is passed-mandatory period of 6 months expired-wife appears but the husband did not-COURT CAN NOT PRESUME CONSENT BY MERE ABSENCE OF THE HUSBAND- court has statutory obligation to hear the parties to ascertain their consent.
pls check the judgment from