Mutual consent divorce is valid when both parties voluntarily agree, with no coercion or fraud, under Section 13B of the Hindu Marriage Act.

JUDGMENT

M.B.Snehalatha, J

Challenge in this appeal is by the wife against the judgment and decree of the Family Court, Pala which declined the relief of divorce sought by her under Section 13 (1)(i)(ia) of Hindu Marriage Act , 1955.

2. Today, when this appeal came up for hearing, the learned counsel appearing for both sides submitted that the entire disputes between the parties have been settled in the mediation held under the aegis of Mediation Centre, Ernakulam and a memorandum of agreement has been filed before this Court.

3. We have examined the memorandum of agreement and we notice that it has been signed by the parties and subscribed by their counsel. The terms of the agreement are lawful and therefore, the settlement arrived at by the parties is accepted.

4. In view of the settlement arrived at by the parties, appellant and respondent have filed a petition under Section 13B of the Hindu Marriage Act , 1955 for dissolution of their marriage by mutual consent, wherein they have stated that they have mutually agreed and decided for dissolution of marriage voluntarily and there is no collusion. Further it is stated that there is no coercion or undue influence from any corner in filing the petition under Section 13B of the .

5. The learned counsel also took our attention to the decision of this Court in Mat.Appeal Nos.751/2010 and 297/2005 wherein on a similar set of facts, the Division Bench this Court granted divorce by mutual consent under Section 10A of the Divorce Act based on a compromise entered into between the parties during the pendency of the Matrimonial Appeal.

6. Both parties have affirmed that the entire disputes between the parties have been settled in terms of the memorandum of agreement filed by the parties.

7. In terms of the settlement, appellant paid an amount of %1,00,000/- to the ist respondent towards the value of thalimala.

8. We are convinced that the marriage between the spouses who are Hindus has been irretrievably broken down and there is no possibility of reunion and divorce is the viable option and all the attempts of reunion have been failed. We are also convinced that the parties have voluntarily filed the petition under Section 13B of the Hindu Marriage Act and there is no collusion between the parties and this Court is satisfied that the consent was not obtained through fraud or coercion.

9. We are of the view that this is a fit case to grant divorce by mutual consent on the application filed under Section 13B of the Hindu Marriage Act by waiving the cooling off period as the marriage is irretrievably broken.

10. Accordingly, 1.A.No.2/2025 filed under Section 13B of the Hindu Marriage Act is allowed.

11. The marriage between the appellant and the respondent is dissolved by a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act , 1955 with effect from today.

The parties are directed to act implicitly in terms of the memorandum of agreement and joint memo and shall comply all the terms therein, which do form part of the judgment.