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2025 Supreme(Online)(Ker) 56211

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
JOANNA ELIZABETH SAM – Appellant
Versus
ANEEJ SAM JOHN – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.SREEHARI INDUKALADHARAN
For the Respondents: SMT.SAYUJYA RADHAKRISHNAN, SHRI.K.R.RAJEEV KRISHNAN, SMT.ASWATHY PAVITHRAN

Table of Content
1. filing for mutual consent divorce and subsequent issues. (Para 1 , 2)
2. withdrawal of consent and implications. (Para 3)
3. requirements for valid mutual consent. (Para 4 , 5)
4. court's role in assessing consent. (Para 7)
5. legal correctness of the family court's decision. (Para 8 , 9)

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 He nevertheless argued that, when such settlements bind the parties, it was impermissible for the respondent to have withdrawn from th

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