Supreme Court Mutual Divorce Consent: Spouse Cannot Withdraw After Settlement
The Supreme Court has held that a spouse cannot withdraw consent for mutual divorce after agreeing to a settlement. The Court said such settlements bind both parties in matrimonial disputes. The case involved an attempt to withdraw consent after both sides had accepted the settlement terms.
The dispute arose from matrimonial proceedings under the relevant provisions of matrimonial law. The parties had agreed to dissolve their marriage by mutual consent.
They also entered into a settlement. That settlement resolved all ancillary issues. These included financial claims and other pending disputes.
Before the court could pass the final decree of divorce, one party sought to withdraw consent. This happened despite the earlier acceptance of the settlement terms.
The party seeking withdrawal argued that consent must continue till the final decree. It was argued that either spouse can withdraw consent at any time before the decree.
The opposing party resisted that plea. It argued that the parties had already entered into a comprehensive settlement and acted upon it.
According to that party, the court should not allow unilateral withdrawal at that stage. Such withdrawal, it was argued, would defeat the purpose of the settlement and cause injustice.
The Supreme Court examined the law on divorce by mutual consent. It also considered the effect of settlements between spouses.
The Bench observed that consent remains essential for a decree of mutual divorce. However, it said courts must examine the facts of each case carefully. This becomes especially important where the parties have already finalised and partly or fully implemented the settlement terms.
The Court stressed that one party cannot lightly resile from a binding settlement. It said such conduct would undermine the sanctity of agreements.
The Bench also warned that such withdrawal could encourage misuse of the legal process. It added that matrimonial settlements aim to bring quietus to disputes.
Therefore, courts should not disregard such settlements once both parties accept them.
In view of these circumstances, the Supreme Court held that the spouse could not withdraw consent after agreeing to the settlement.
The Court upheld the enforceability of the settlement. It also refused to permit withdrawal of consent on the facts of the case.
The ruling reinforces an important principle. A spouse cannot unilaterally withdraw mutual divorce consent when it is tied to a binding settlement. The judgment also shows that courts will protect such settlements when withdrawal would prejudice the other party.
