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1 - 10 of 15 (0.19 seconds)Section 23 in The Hindu Marriage Act, 1955 [Entire Act]
Section 28 in The Special Marriage Act, 1954 [Entire Act]
The Code of Civil Procedure, 1908
Santosh Kumari vs Virendra Kumar on 29 January, 1986
The High Court of Delhi adopted similar line
of reasoning in Smt. Chander Kanta v. Hans
Kumar and Anr., AIR 1989 Delhi 73 and the
Madhya Pradesh High Court in Meena Dutta v. Anirudh
Dutta, [1984] 11 DMC 388 also took a similar view
280
But the Kerala High Court in K.L Mohanan v. Jeejabai,
AIR 1988 Kerala 28 and the Punjab and Haryana High Court in
Harcharan Kaur v. Nachhattar Singh, AIR 1988 Punjab &
Haryana 27 and Rajasthan High Court in Santosh Kumari v.
Virendra Kumar, AIR 1986 Rajasthan 128 have taken a contrary
view. It has been inter alia, held that 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. The Kerala High Court in particular has ruled out
the application of analogy under Order XXIII Rule I of the
Code of Civil Procedure since it is dissimilar to the
situation arising under Section 13-B of the Act.