Madras High Court: Mutual Consent Divorce Cannot Be Forced Without Free Will of Both Parties

The Madras High Court recently clarified that mutual consent divorce cannot be granted unless both husband and wife freely agree to it without any pressure or coercion.

The court observed that mutual consent divorce under Section 13B of the Hindu Marriage Act requires genuine and voluntary consent from both parties at every stage. If one party withdraws consent, the court cannot force the divorce to proceed.

The judgment highlighted that marriage dissolution must be based on free will, and courts must ensure that no party is being forced into a settlement due to pressure, threats, or financial influence.

This ruling is important for individuals involved in divorce negotiations, where one party may try to force a mutual consent agreement for quick settlement.

Many people search for mutual consent divorce rules India, Section 13B Hindu Marriage Act, divorce consent withdrawal law, Madras High Court divorce judgment, and legal rights in divorce India. This decision reinforces that consent must remain valid and voluntary throughout the process.

🔗 Source:
https://www.barandbench.com/news/litigation/madras-high-court-mutual-consent-divorce-withdrawal-ruling

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