IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5155 of 2010 Date of decision: 30.8.2010 Promila …..Appellant versus Sonu ……Respondent CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.R.A.Sheoran, Advocate for the appelant Jasbir Singh, J. (Oral) This appeal has been filed against order passed by the District Judge (Family Court), Bhiwani dated 26.7.2010, dismissing application filed by the appellant under Section 13-B (1) of the Hindu Marriage Act, 1955 (in short the Act), for getting divorce from the respondent. It is apparent from the records that a joint application, as envisaged under the provisions of Section 13-B of the Act, for divorce, was filed by the appellant and the respondent. However, before grant of final decree, respondent withdrew his consent and on account of that, application was dismissed. We are of the opinion that the Court below has acted in consonance with the provisions of Section 13-B of the Act. As per established law, consent to get mutual divorce should subsist till passing of the final decree. If any of the parties withdraws his/her consent before passing of the decree, the Court is not competent to grant divorce. FAO No.5155 of 2010 Counsel for the appellant, to get relief, has placed reliance upon judgment of the Hon’ble Supreme Court in Anil Kumar Jain v. Maya Jain, Vol.CLVII-(2010-1) The Punjab Law Reporter 248. We have gone through the facts of the case. That order was passed by their Lordships of the Hon’ble Supreme Court while exercising extra ordinary powers under Article 142 of the Constitution of India, as such, the ratio of the judgment is not applicable to the facts of the present case. Dismissed. (Jasbir Singh) Judge 30.08.2010 (Augustine George Masih) gk Judge 2