Can A Court Reject Plea For Divorce By Mutual Consent Just Because Husband & Wife Are Residing In Same Premises? Karnataka High Court Says No

The Karnataka High Court has held that just because an estranged couple are residing under the same roof, a court cannot reject their plea seeking dissolution of marriage by mutual consent, on this ground alone. 

A single judge bench of Justice Krishna S Dixit allowed a petition filed by a couple and set aside the order of the family court dated 15-10-2022 and remitted the matter back to the family court, requesting the judge to pass a judgment & decree in terms of the Compromise Petition and the report of the Mediator at the earliest.

The estranged couple had moved a petition for decree of dissolution of their marriage on the basis of mutual consent. The matter having been sent to Mediation, a report dated 2.1.2023 was furnished to the court reporting settlement. Parties then moved a Compromise Petition too, in terms of settlement arrived at before the conciliator.

However, the family court rejected the plea for grant of dissolution of marriage on the sole ground that the spouses are residing under the same roof.

Justice Dixit said:

“The fact that the spouses are residing in the same premises could not have been a ground for making the order of the kind. Such a flawed reasoning bewilders the Court, to say the least.”

The court added that such a fact arguably may show the good culture of the spouses who are otherwise at loggerheads.

"The reason assigned by the Court below for denying relief to the parties constitutes an error of great magnitude apparent on the face of the record,” it added.

Case Title: Mrs Divya Ganesh Nallur & ANR And NIL

Case NO: WRIT PETITION NO. 24429 OF 2022

Citation: 2023 LiveLaw (Kar) 220

Date of Order: 08-06-2023

Appearance: Advocate Vivekananda H S For petitioners.

Click Here To Read/Download Order