The Supreme Court has held that a spouse cannot withdraw from a mutual divorce settlement after agreeing to dissolve the marriage as part of a full and final resolution of disputes.
A Bench of Justices Rajesh Bindal and Vijay Bishnoi said that while the law permits withdrawal of consent before a decree of divorce is granted, this cannot be used to evade obligations agreed upon in a settlement.
“It is trite law that once the parties have entered into a settlement agreement which was duly authenticated by the mediator, in case of any resilement from such terms, the resiling party must be encumbered with heavy costs,” the Court said, as reported by Bar and Bench.
The Bench added that any deviation from mediated settlements “should be dealt with strictly” as it strikes at the foundation of the mediation process.
LIMITED GROUNDS TO WITHDRAW FROM SETTLEMENT
The Court clarified that withdrawal from a settlement may be permitted only in limited circumstances, such as fraud, coercion, undue influence, or failure by the other party to comply with agreed terms, reported Bar and Bench.
Outside these exceptions, parties are expected to honour commitments made during mediation.
CASE BACKGROUND: DISPUTE AFTER MUTUAL SETTLEMENT
The ruling came in a matrimonial dispute where the wife withdrew consent for mutual divorce after entering into and partly acting on a mediation settlement.
The couple, married in 2000 with two children, began living separately around 2022–23 due to differences.
The husband later approached a family court seeking a divorce on the grounds of cruelty and adultery. The matter was referred to mediation, where both sides agreed to resolve all disputes and proceed with divorce by mutual consent.
The first motion for divorce was completed in August 2024 after compliance with settlement terms. However, before the second motion, the wife withdrew her consent.
DV CASE FILED AFTER DISPUTE
The husband initially filed a contempt petition alleging breach of the settlement but later withdrew it and moved the Delhi High Court.
In October 2025, the wife initiated proceedings under the Domestic Violence Act.
The husband sought quashing of the case, arguing it was an abuse of process. The High Court allowed the proceedings to continue, subject to conditions.
SUPREME COURT QUASHES DV PROCEEDINGS
Challenging the High Court order, the husband approached the Supreme Court.
The top court found the domestic violence case to be “premeditated” and an “afterthought”, observing that the allegations surfaced after more than two decades of marriage and only after the dispute over the settlement.
The Bench held that allowing such proceedings to continue would amount to an abuse of the process of law and quashed the case.
MARRIAGE DISSOLVED, SETTLEMENT TO BE HONOURED
The Court also held that the marriage had irretrievably broken down, with no possibility of reconciliation.
It dissolved the marriage on that ground and directed both parties to comply with the remaining terms of the settlement.
The ruling reinforces the binding nature of mediated settlements and sends a clear message against attempts to backtrack after agreeing to resolve disputes.
– Ends
Published By:
Sonali Verma
Published On:
Apr 15, 2026 23:49 IST
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