Mutual consent is valid for divorce under the Divorce Act when parties demonstrate irretrievable breakdown without collusion.

JUDGMENT

M.B,Snehalatha, J

Mat.A No.191/2020 is an appeal filed by the appellant/wife challenging the decree of divorce granted by the Family Court, Ernakulam under Section 10 (1)(x) of the Divorce Act .

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 settlement agreement has been filed before this Court.

3. We have examined the memorandum of settlement 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 10A of the Divorce Act , 1869 for dissolution of marriage by mutual consent, wherein they have stated that they have mutually agreed and decided for dissolution of marriage voluntarily. Further it is stated that there is no collusion in filing Mat.A No.191 of 2020 2025 : KER: 65584 the petition under Section 10A of the ; that the spouses are living separately from 2012 onwards; and there is no marital relationship between them and therefore, they seek divorce by mutual consent.

5. Both parties have affirmed that the entire disputes between the parties have been settled in terms of the joint petition filed by the parties-

6. We are convinced that the marriage between the spouses has been irretrievably broken down and they are living separately from 2012 onwards 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 10A of the Divorce Act and there is no collusion between the parties and this Court is satisfied that the consent was not obtained through fraud or coercion.

7. We are of the view that this is a fit case to grant divorce by mutual consent on the application filed under Section 10A of the Divorce Act by waiving the cooling off period as the marriage is irretrievably broken.

8. Accordingly, I.A.No.2/2025 filed under Section 10A of the Divorce Act is allowed and Mat.A No.191/2020 stands disposed of. The judgment and decree of Family Court, Ernakulam in O.P.No.2254/2014 granting divorce on the ground of cruelty is hereby set aside.

9. The marriage between the appellant and the respondent is Mat.A No.191 of 2020 2025 : KER: 65584 dissolved by a decree of divorce by mutual consent under Section 10A of the Divorce Act , 1869 with effect from today.

10. The parties are directed to act implicitly in terms of the memorandum of mediation settlement agreement and joint petition, which do form part of the judgment.