Continued mutual consent of both parties required for granting divorce: Kerala HC

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Kerala High Court | Photo: PTI

Kochi: The Kerala High Court has stated that continued mutual consent of both parties is necessary for granting divorce under Section 13B(2) of the Hindu Marriage Act, 1955. If any of the parties withdraw the divorce petition before the court passes its final decree, then the divorce cannot be granted.

The ruling is of a bench comprising Justice Anil K Narendran and Justice P G Narendran. The court rejected an appeal filed by a man for granting divorce after his wife pulled off her petition midway.

The particular case was registered at the Thiruvananthapuram family court. However, the woman citing the future of her son withdrew her divorce petition midway before the court issued its final decree. Following this the court dismissed the divorce plea.

However, her husband moved to the Kerala High Court. He cited that the divorce petition was filed following a settlement made by the couple on October 11, 2019. The new development comes at this juncture.

High Court also instructed the court to reaffirm the consent of both the parties before passing the final decree.

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