Indian High Courts Refine Divorce Rules on Mutual Consent and Delays

The Delhi High Court set aside a family court order that granted a divorce by mutual consent when each spouse separately alleged cruelty, stating that mutual consent under the Hindu Marriage Act requires a joint petition and continuous agreement. The bench directed the family court to frame issues, allow evidence, and decide the matter on its own merits.

The Kerala High Court warned that delays in challenging family court ex‑parte divorce orders can be fatal, as parties may alter their marital status, affecting third‑party rights. It set aside an ex‑parte decree, examined evidence of notice service, and ordered the family court to reconsider the case, emphasizing that condoning delay should be approached with great care.