The Supreme Court of India has clarified that once a couple enters into a settlement agreement for divorce by mutual consent, one party cannot unilaterally withdraw their consent without a valid reason. A bench comprising Justice Rajesh Bindal and Justice Aravind Kumar observed that such backtracking undermines the sanctity of court-monitored mediation processes.

Judicial Stand on Mediation The court emphasized that if there is no evidence of fraud, coercion, or a breach of settlement terms by the other party, the agreement remains binding. The justices noted that the growing trend of parties withdrawing from authorized mediation must be discouraged, as it affects the overall integrity of the judicial system. Parties attempting to stall the process without cause may face financial penalties.

Case Background and Implications The ruling came during a case involving a Delhi couple married for 20 years. Despite reaching a comprehensive settlement in 2023, the wife later attempted to withdraw her consent and filed fresh domestic violence charges. The Supreme Court dismissed these charges, labeling them an “abuse of the legal process.” This landmark observation is expected to streamline mutual divorce proceedings and prevent unnecessary litigation.

At a Glance

• Supreme Court rules that consent cannot be withdrawn after a signed divorce settlement.
• Agreements are binding unless fraud or coercion is proven in court.
• The court aims to stop the misuse of legal procedures and protect the mediation process.
• The verdict followed a dispute involving a Delhi-based couple married since 2000.