Family Court cannot deny divorce when both parties agree despite having no reason for separation: HC
A UK High Court ruled that a Family Court cannot refuse a divorce based solely on a lack of stated reason for separation, provided both parties still consent to the dissolution.
A UK High Court ruled that a Family Court cannot refuse a divorce based solely on a lack of stated reason for separation, provided both parties still consent to the dissolution.
A UK High Court ruled that a Family Court cannot refuse a divorce based solely on a lack of stated reason for separation, provided both parties still consent to the dissolution.
The Kerala High Court has held that a Family Court cannot deny divorce merely because a couple says they are living separately “without any reason”, as long as both spouses continue to consent to the dissolution of marriage under Section 10A of the Divorce Act, 1869.
A Division Bench comprising Justice J Nisha Banu and Justice Shoba Annamma Eapen passed the order while setting aside a Family Court decision that rejected a joint plea for divorce by mutual consent.
The couple, who were married in May 2023 according to Roman Catholic rites, had approached the Family Court in Thalassery seeking dissolution of marriage under Section 10A of the Divorce Act. After completing the mandatory cooling-off period and counselling process, both parties filed proof affidavits supporting the petition.
During evidence, the husband told the Family Court that the couple had been living separately “without any reason”. When the court asked whether he wanted to live with his wife, he did not answer the question, though he clearly stated that he wanted a divorce.
Based on this, the Family Court concluded that there was no mutual consent between the parties and dismissed the petition. The wife later challenged the order before the High Court.
The appellant relied on the judgment in In Re: A C Mathivanan & Another and argued that courts should not seek reasons for separation in petitions filed for mutual consent divorce under Section 10A of the Divorce Act.
After examining the affidavits and depositions, the High Court noted that the husband had clearly stated during evidence that he wanted a divorce and that the petition had been filed voluntarily. The wife had also consistently supported the plea for dissolution of marriage.
The court observed that under Section 10A, the Family court is only required to examine whether the marriage was validly solemnised and whether both parties are agreeable to the divorce.
The Bench held that the Family Court was not justified in concluding that there was no mutual consent merely because the husband stated that the couple was living separately “without any reason” or because he left one question unanswered.
The High Court also noted that there was no material to indicate that either party had withdrawn consent and subsequently set aside the Family Court judgment and dissolved the marriage.
(With LiveLaw inputs)