Supreme Court: Spouses Cannot Back Out of Mediated Divorce Settlements

Supreme Court: Spouses Cannot Back Out of Mediated Divorce Settlements

The Supreme Court has ruled that spouses cannot unilaterally withdraw from a mutual divorce settlement once a comprehensive agreement is reached through mediation.

The Bench clarified that while the law typically allows for the withdrawal of consent before a final decree, this right cannot be used to bypass obligations in a "full and final" settlement of disputes.

Emphasizing that resiling from mediated terms attacks the foundation of the mediation process and should be met with heavy costs.

The Court quashed subsequent domestic violence proceedings and dissolved the 24-year marriage under Article 142, citing irretrievable breakdown.

[Dhananjay Rathi v. Ruchika Rathi]

Read Judgement / 3 days ago

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