- By Nidhi Giri
- Wed, 15 Apr 2026 04:44 PM (IST)
- Source:JND
The Supreme Court has made an important observation in cases of mutual consent divorce. The apex court stated that if a husband and wife have reached a complete and final settlement of all disputes through mutual consent, neither party can arbitrarily withdraw their consent.
Here's Wha Happened
The case stems from a marriage that took place in 2000. In 2023, the husband filed for divorce, after which the family court referred the matter to mediation. The parties reached a settlement at the mediation. The husband agreed to pay his wife Rs 1.5 crore in two installments, a car worth Rs 14 lakh, and some jewellery.
In exchange, the wife agreed to transfer Rs 2.52 crore from a joint business account to her husband. They filed a divorce petition together and made a partial payment. However, before the second motion, the wife withdrew her consent and filed a complaint under the Domestic Violence Act.
The wife claimed that apart from the written agreement, the husband had verbally promised to give jewellery worth Rs 120 crore and gold biscuits worth Rs 50 crore, which was not put in writing to save tax.
Supreme Court Says It Was An 'Afterthought'
A bench of Justices Rajesh Bindal and Vijay Bishnoi said that in a divorce by mutual consent, normally either party can withdraw consent before the final decree, but when the settlement certified by the mediator is accepted by the court, it alters the original dispute.
The withdrawal from such an agreement undermines the judicial process and the very foundation of the arbitration system. The bench imposed heavy costs on the wife and termed the withdrawal as an abuse of arbitration.
The wife's domestic violence complaint was dismissed as an "afterthought" because there were no allegations in a 23-year marriage. The court granted divorce under Article 142, dismissed the domestic violence case, and directed the husband to pay the outstanding amount.