Delhi High Court: Mutual Consent Divorce Valid Only if Both Spouses Jointly Seek Separation

The Delhi High Court has ruled that divorce by mutual consent under Section 13B of the Hindu Marriage Act can be granted only if both husband and wife jointly and unequivocally desire the separation.

A bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar set aside a Family Court order that had dissolved a marriage under mutual consent, even though the spouses had filed separate adversarial petitions under Section 13(1) alleging cruelty and adultery.

The Court restored the separate petitions for adjudication afresh and emphasised that the procedural requirements of Section 13B are substantive and cannot be bypassed.