Smruti Pahariya v/s Sanjay Pahariya
Civil Appeal No. 3465 of 2009 out of SLP (civil) No. 17402 of 2008
decided on 11/05/2009
reported as 2009(4) Law Herald (SC) 2281
Its a FULL BENCH judgment by Hon'ble SC
Held:- in a divorce petition by mutual consent, after the expiry of 6 months period, wife appeared but husband remained absent- SC says COURT CAN NOT PRESUME CONSENT BY MERE ABSENCE OF HUSBAND.
If petition for divorce is not formally withdrawn and kept pending then on the date when the court grants the decree, the court has a statutory obligation to hear the parties to ascertain their consent.
