Delhi High Court says parties can't be influenced to take mutual consent divorce

May 17, 2018

The High Court of Delhi ruled that nobody can be forced to take divorce by mutual consent even if one of the spouses decides to withdraw from the statement given to the court at the institution of the divorce suit. Concurrently, a defaulting spouse can be held guilty of civil contempt for violating the terms and conditions agreed upon in the court. The court proceedings were related to whether a spouse who had filed for divorce by mutual consent under Section- 13B of the Hindu Marriage Act can be charged for contempt of court if the either spouse withdraws or even reconsiders from the decision of taking mutual consent divorce. The issue became a matter of argument between 17 couples when one of the spouses had filed for the institution of contempt of court proceedings for violating the settlement. The Court noted that in such a scenario if one of the spouses faces trouble or absolute inequality, the family court can direct “ fixing of status quo ante (state of affairs that existed previously) in every way possible” . The Court added that the Family Court can even direct the defaulting spouse to surrender all the advantages that he or she might have enjoyed resulting from the settlement agreement.

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Delhi High Court says parties can't be influenced to take mutual consent divorce

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