Backing off divorce consent equals to mental cruelty says HC


In a significant judgment delivered b Delhi High Court, it was held that if after mutually agreeing for the divorce, one spouse withdraws the consent, such withdrawal of the consent amounts to mental cruelty.


Off course, Hon’ble High Court added that such consent must be without any sufficient reason or without any just cause and such withdrawal of consent adds to misery of the other partner. This judgment has been delivered by the division bench of Justice Pradeep Nandrajog and Yogesh Khanna. Considering the various aspects of the matter, Hon’ble High Court granted divorce to the wife on the ground of mental cruelty.

The bench recognized “unilateral withdrawal of consent by the husband, despite the fact that the wife was always willing to abide by the terms and conditions of the settlement deed entered in the joint statement” as one of the grounds adding to misery of the wife and a form of cruelty meted out to her.

“Considering the conduct of the parties, there seems to be no possibility of their joining together so to insist to retain this matrimonial bond in the circumstances stated above would rather be putting the wife under intense mental cruelty,” HC noted.


This judgment is going to be very useful to the litigant seeking divorce by mutual consent and who gets victimized by subsequent withdrawal of the consent by the spouse. Hon’ble High Court has really appreciated the real difficulties of litigant to the divorce petition and has shown the path which will lead to the fruitful conclusion to the matter.

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