#mutual consent divorce

The Supreme Court exercised its Article 142 powers to grant a mutual consent divorce, ordering the husband to pay ₹35 lakh alimony in two installments and to quash all existing criminal and civil cases between the parties. This ruling showcases the Court’s ability to deliver complete justice in matrimonial disputes while preventing further litigation.

Allahabad High Court dismisses habeas corpus petition where the marital relationship was already dissolved by a mutual consent divorce decree, holding that no illegal detention exists if the corpus is a major and expresses free will. The ruling clarifies that habeas corpus cannot be invoked for custody disputes once a divorce decree is in effect.

Allahabad HC rules that a six-year separation and completion of the first motion under Section 13B HMA are sufficient grounds to waive the mandatory cooling period, reinforcing judicial discretion in mutual consent divorces where reconciliation is improbable. The decision aligns with precedents like Amardeep Singh vs Harveen Kaur, offering relief to couples in irretrievably broken marriages.

MP High Court holds that a mandatory 6-month cooling-off period under Section 13-B(2) of the Hindu Marriage Act can be waived where parties have lived apart for 23 months with no cohabitation, no children, and mutual consent. The ruling emphasizes judicial discretion in cases of irretrievably broken marriages, setting a precedent for expedited divorce proceedings in similar fact-patterns.

The Allahabad High Court has ruled that the mandatory six-month cooling-off period under Section 13B(2) of the Hindu Marriage Act can be waived when mediation has conclusively failed and the marriage is irretrievably broken, aligning with the Supreme Court’s precedent in Amit Kumar v. Suman Beniwal. This sets a clear precedent for family courts to prioritize judicial efficiency and当事人的实际困境 over rigid procedural timelines in mutual consent divorces.

Chhattisgarh High Court waives the mandatory six-month cooling-off period under Section 13B(2) of the Hindu Marriage Act where spouses have lived separately for over a year, resolved all disputes, and jointly filed for divorce with full financial settlement. The ruling reinforces the Supreme Court’s Amardeep Singh precedent, offering expedited divorce for mutually consenting couples with no pending disputes.

Madhya Pradesh High Court rules that the six-month cooling period under Section 13-B of the Hindu Marriage Act is directory, not mandatory, and may be waived where the marriage has irretrievably broken down with no scope for reconciliation. The decision underscores judicial discretion in mutual consent divorces, particularly where parties have settled all disputes and cohabitation is impossible.

Himachal Pradesh High Court allows conversion of a contested divorce petition into mutual consent divorce under Section 13-B HMA upon full payment of Rs. 15 lakh alimony, reinforcing that mediated settlements with sworn affirmations can override procedural formalities. This ruling clarifies that courts may treat contested petitions as mutual consent upon settlement, provided both parties affirm the agreement on oath.

Chhattisgarh High Court quashes FIR under Section 528 BNSS after mutual divorce and settlement, holding that continuation of criminal proceedings in matrimonial disputes post-settlement amounts to abuse of process where conviction is unlikely and public interest is absent. The ruling reinforces judicial discretion to prevent misuse of criminal law in personal disputes.

Delhi High Court holds that once parties settle matrimonial disputes through mutual divorce and full monetary settlement, continuation of criminal proceedings under Sections 498A/406 IPC serves no public interest. The ruling reinforces that inherent powers under BNSS 2023 must be exercised to quash FIRs where complainant consents and no societal harm remains, setting a precedent for speedy resolution of compoundable offences post-settlement.

Madhya Pradesh High Court waives mandatory 6-month cooling period under Section 13-B HMA where parties have lived separately for over eight years with no chance of reconciliation.

Uttarakhand High Court holds that when reconciliation efforts fail, courts may direct spouses to file mutual consent divorce petition, with alimony terms binding upon decree.