A consent decree per se in matrimonial matter is not collusive. As would be evident from the legislative intent of s. 13B of the Act divorce by mutual consent is no longer foreign to Indian law of divorce. I? In an appeal against the dismissal of a petition for divorce under s. 13 of the Act a compromise petition signed by the parties and their respective lawyers was filed praying for dissolution of marriage by mutual consent.

It was held that s. 13B(2) of the Act is directory only. Section 13B(2) no doubt cautions the court of its duty to fight the last ditch·battle to save the marriage, but when the court is fully satisfied on the basis of the proved facts that in the interests of justice of the society and the individuals marriage tie should be put as under immediately, s. 13B(2) does not impose any fetter on the powers of the court to grant decree of divorce.

The time-table fixed by s. 13B(2) does not apply to an appellate court. Where the ingredients necessary for a decree of mutual divorce under s. 13B are proved by the evidence of the parties, the court cannot refuse a decree for divorce.

The ingredients are that they had been living separately for a period of more than one year and that they had not been able to live together and that they had mutually agreed that the marriage should be dissolved. Section 13B(1) does not envisage the recording of the statements of the parties at the time, of filing of the joint petition and merely because thei'r statements were not so recorded, they could not have been denied the relief of divorce.2o There is a fourth ingredient for a decree of divorce by mutual consent, that is the consent of the parties has been obtained not by force, fraud or undue influence.21 A compromise decree can be recorded and divorce may be granted under Or. 22, r. 3, CPC provided the court is satisfied that a ground for divorce specified in the statute can be spelt out from the records.

The parties in a case had signed a memorandum of compromise stating that the husband would pay certain amount to the wife in two installments by Demand Drafts and the decree for divorce by mutual consent would take effect after payment of the second installment. It has been held that the decree for dissolution of marriage solemnized between the parties has to be passed in terms of the memorandum of compromise filed in the court.

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