IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4637 OF 2008 (Arising out of S.L.P. (C) No.7604 of 2008)

Sapna Rani     ...Appellant(s)

Versus

Pankaj Singla     ...Respondent(s)

O  R  D  E  R

Heard  learned  counsel  appearing  on  behalf  of  the  petitioner  and  the

respondent, who has appeared in-person.

Though  the  petition  was  placed  under  the  heading  “Incomplete  After

Notice Matters”, but both the parties agreed that the matter should be taken up for

hearing and finally disposed of.

Leave granted.

It appears that a petition under Section 13-B of the Hindu Marriage Act,

1955 [for short, `the Act'] was filed before the Trial Court to grant mutual consent

divorce decree but as, at the second motion stage, husband did not appear, divorce

decree could not be granted and the petition for divorce was dismissed.  The said

order has been confirmed by the High Court.  Hence, this appeal by special leave by

the wife.

....2/-

- 2 -

Both the husband and wife are present in court.  The wife is represented

by counsel, whereas the husband is appearing in-person.  The husband stated that he

still maintains his stand which he had taken in the petition under Section 13-B of the

Act to grant mutual consent divorce decree.  The wife, who is also present in court,

while  agreeing to grant divorce decree, stated that she does not want any amount

towards permanent alimony.  In view of this, in our view, it is a fit case to set aside the

impugned orders and grant mutual consent decree for divorce.

Accordingly,  the  appeal  is  allowed,  impugned  orders  are  set  aside  and

mutual consent divorce decree is granted.

No costs.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, July 25, 2008.