Mutual consent divorce under Section 13B of the Hindu Marriage Act granted when parties affirm irretrievable breakdown.

M.B.Snehalatha, J

These appeals have been filed by the wife challenging the judgment and decree of the Family Court, Mavelikkara.

2. Today, when’ these appeals came up for hearing, the learned counsel appearing for both sides submitted that the entire disputes between the parties have been settled and a memorandum of settlement and a joint petition have 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 can no longer live together as husband and wife and they mutually agreed and decided for dissolution of marriage voluntarily and there is no collusion in filing this petition.

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

6. 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 ali 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.

7. 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 .

8. Accordingly, Mat.Appeal.No.819/2025 is allowed and the judgment and decree in 0.P.No!1078/2020 of Family Court, Mavelikkara stand set aside. The marriage batween 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.

9. In view of the settlement arrived at by the parties, Mat.A Nos.940/2025 and 9714/2025 stand disposed of.