petition for divorce under section 13-B of the Hindu Marriage Act was filed by the husband and wife but since the wife did not transfer the Flat to the name of mother of the husband, the appellant-husband withdrew the consent. It is submitted that the Family Court failed to consider that the consent for divorce is required not only after filing of the petition but also after expiry of the six months period. It is submitted that the Appellant-husband had withdrawn the consent before his statement in evidence was recorded by the Family Court and, therefore, the order of consent divorce under section 13-B of the said Act could not have been passed. Our attention is invited to the impugned judgment and order passed by the Family Court. It is not in dispute that on the date on which the judgment and decree was passed under section 13-B of the said Act, the Respondent-wife had in fact transferred the flat which was standing in her name to the name of the Appellanthusband's mother and secondly, she had also waived her maintenance right and also waived the custody rights of her daughter. Learned Judge has recorded that initially though it was agreed that the custody of the daughter would remain with the applicant no.2, the Respondent-wife herein but latter on she waived her right of custody of the child before the final order was passed by the Family Court. In our view, the Family Court has rightly held that the Respondent-wife had acted to her prejudice and had complied with the terms and conditions of the consent terms and, therefore, it was not open for the
