Withdrawing from Mutual Divorce after Accepting Settlement – Not legally valid

                  2025:KER:63605

Case Title: Mat.Appeal No.165 of 2022

Court: Kerala High Court, Ernakulam
Judgment Date: 21 August 2025
Judges: Justice Devan Ramachandran & Justice M.B. Snehalatha

Withdrawing from Mutual Divorce after Accepting Settlement – Not legally valid

🔹Case Analysis

• Husband & Wife had disputes since 2011.
• Wife filed multiple cases:
  1. Return of gold & patrimony (OP No.181/2013).
  2. Maintenance (MC No.56/2014).
  3. Criminal complaint under IPC (CC No.3330/2014).
• In 2016, they entered a settlement agreement:

• Husband agreed to pay money & deposits.
• Wife agreed to vacate in-laws’ house.
• Both to file for mutual consent divorce (Sec.10A, Divorce Act, 1869).

• Husband complied: deposited money & allowed wife to withdraw Fixed Deposit.
• Wife accepted benefits but later refused divorce consent, alleging deceit.

🔹 Court Journey

1. Family Court (2021)
   • Wife argued she was forced into signing & had no other place to live.
   • Family Court: Found her claim unbelievable → She already withdrew money.
   • Held she cannot enjoy benefits & reject obligations → Granted divorce.
2. High Court Appeal (2025)
   • Appellant (Wife):
     • Withdrawal of consent makes divorce invalid under Sec.10A.
     • Cited cases: Amit Kumar v. Suman Beniwal, Jayaraj v. Kavya, etc.
   • Respondent (Husband):
     • Wife acting in bad faith.
     • She accepted all benefits but refusing to vacate house.

🔹 High Court’s Analysis

• On Consent Withdrawal:
  • Normally, divorce by mutual consent needs continuous consent till decree.
  • But here, wife had already accepted settlement benefits voluntarily.
  • She cannot selectively claim favorable parts as valid & obligations as invalid.
• On Wife’s Defence:
  • Her claim of deception is false → admitted withdrawing amounts & deposits.
  • Her only motive: to avoid vacating house.
• On Family Court’s Approach:
  • Correctly assessed facts.
  • Rightly granted divorce despite wife’s late refusal.

🔹 Final Judgment

• Appeal dismissed.
• Family Court’s divorce decree upheld.
• Court observed wife’s defence is specious & mala fide.
• No order as to costs.

🔹 Key Takeaway

• Under Section 10A Divorce Act, consent must normally continue till decree.
• Exception: If one party has already enjoyed settlement benefits, they cannot later withdraw consent on false grounds.
• Courts will not allow “double advantage” (taking benefits but refusing obligations).
• Strengthens principle: Fairness & equity override technical consent withdrawal in mutual divorces.