KERALA HIGH COURT UPHOLDS: WIFE CANNOT WITHDRAW CONSENT FOR DIVORCE AFTER SETTLEMENT WAS ARRIVED AT DURING MEDIATION

The Kerala High Court in the case observed and has upheld the judgement passed by the Family Court dissolving the marriage between the parties in a joint petition filed for divorce, even though the wife withdrew her consent for filing the divorce.

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The Division bench comprising of Justice Anu Sivaraman and Justice C Pratheep Kumar in the case observed and has stated that the Family Court dissolved the marriage by relying upon the decision in the case Benny v. Mini and the Bombay High Court judgement in the case Prakash Alumal Kalandari v. Jahnavi Prakash Kalandari.

The court in the case observed and has stated that one party cannot unilaterally withdraw from the terms of settlement entered through a mediation agreement after the other party has performed their part of the settlement terms.

The court while dismissing the appeal stated that the several litigations are pending between the parties before various courts including petition for divorce, custody of child and patrimony. Thus, all those cases were settled in mediation and the parties agreed to dissolve their marriage by mutual consent.

The party filed a joint petition for divorce, received part payment, disposed of the pending cases and thereafter at the final stage when the case was taken up for evidence to record the consent of the parties, the appellant withdrew her consent.