The Kerala High Court recently made a significant ruling on divorce proceedings, emphasizing the crucial requirement of continued mutual consent for granting divorces under Section 13B(2) of the Hindu Marriage Act 1955. In an appeal filed by a man against the cancellation of his divorce after his partner withdrew her consent, the division bench comprising Justice Anil K Narendran and Justice P G Ajithkumar stated that if one party withdraws consent before the court’s final verdict, the divorce cannot be granted.
The bench clarified, “It is only on the continued mutual consent of the parties that a decree for divorce can be passed by the court. If the divorce petition is not formally withdrawn and is kept pending, then on the date when the court grants the decree, the court has a statutory obligation to hear the parties to ascertain their consent. From the absence of one of the parties for two to three days, the court cannot presume his/her consent.”
The case originated from the appeal filed by the man against the decision of the Family Court in Thiruvananthapuram. The couple had initially approached the court seeking divorce by mutual consent and had even reached a compromise agreement, which included various terms such as child custody and financial provisions. However, when the petition was brought before the court for consideration, the woman withdrew her consent, leading to the dismissal of the petition by the court.
Consequently, the husband pursued an appeal before the Kerala High Court, challenging the family court’s order.
Post Your Comments