Kerala High Court: Divorce Valid Even if One Spouse Withdraws Consent After Settlement

The Kerala High Court clarified that mutual divorce, which usually requires a joint application, could be allowed by the court even if one party genuinely withdrew consent.

The Court stated that the main focus was whether the marriage had broken down beyond repair, and minor technical issues could not block a fair outcome when both parties clearly intended to separate.

In this case, the Family Court granted the divorce and held that the appellant could not be trusted, as she tried to back out even after accepting the proposed settlement.

Dismissing her appeal, the High Court confirmed that the divorce decree would stand.