Devan Ramachandran , J.

The appellant filed OP(Div)No.1266/2023 along with the respondent, invoking the provisions of Section 10A of the Indian Divorce Act (for short 'the Act') seeking divorce on mutual consent; but alleges that the respondent, thereafter, withdrew without cause, leading to the dismissal of the petition by the learned Family Court, which she contends is illegal and unlawful.

2. Sri.Sreehari Indukaladharan – appearing for the appellant, pointed out that all differences of opinion between the parties had been settled between them through two different Memorandums of Settlement; but conceded that these have not obtained the approval of any Court, since they have neither been so produced, nor any declaration based on the same sought for. He nevertheless argued that, when such settlements bind the parties, it was impermissible for the respondent to have withdrawn from the consent he had given in filing the Original Petition; and consequently that the learned Family Court had erred in approving it through the impugned judgment. He prayed that, therefore, this appeal be allowed and the learned Family Court be directed to allow OP(Div) No.1266/2023, as prayed by the part