High Court Rules Withdrawal of Consent for Divorce by Mutual Consent Not Contempt of Court

In a recent judgment delivered on June 1, 2023, the Himachal Pradesh High Court clarified that the withdrawal of consent for divorce by mutual consent cannot be considered contempt of court. The decision, passed by the Hon'ble Mr. Justice Satyen Vaidya, emphasized the absolute and indefeasible right of a party to withdraw their consent for divorce. The court held that the direction to abide by the terms of a settlement does not negate this right.

The case revolved around an appeal filed by Gurditta Ram Chauhan against a maintenance order. During the pendency of the appeal, the parties opted for mediation, and a settlement was reached. However, the respondent, Mrs. Babita, later withdrew her consent for divorce, prompting the petitioner to seek contempt of court proceedings against her.

In the judgment, the court stated, "Withdrawal of consent for divorce by mutual consent is an absolute right. Court cannot compel a party to give consent. Contempt proceedings can be initiated if the defaulting party breaches terms and conditions of an undertaking or consent order/decree, causing prejudice to the other party."

The court further highlighted that the settlement reached during mediation does not equate to an undertaking before the court. It reiterated that the right to withdraw consent is available to a party under Section 13-B of the Hindu Marriage Act, 1955. The judgment emphasized that while the defaulting party may be held liable for civil contempt if they breach the terms of an undertaking or consent order/decree, contempt proceedings should only be initiated in appropriate cases.

The Hon'ble Mr. Justice Satyen Vaidya clarified, "The right to withdraw the petition seeking divorce under Section 13-B of the Act is inherently available to the parties jointly or even singly. In the background of this, prosecuting and punishing the respondent under the provision of Contempt of Courts will not be the appropriate course to be adopted."

The judgment further noted that the petitioner had voluntarily deposited a sum of Rs. 8,00,000/- in the respondent's account but failed to file the divorce petition within a reasonable time. The court found no evidence of malafide intentions on the respondent's part and dismissed the petitioner's contempt petition.

This judgment by the Himachal Pradesh High Court provides clarity on the right of parties to withdraw their consent for divorce by mutual consent and highlights the limitations of contempt of court proceedings in such cases.

Decided on   01.06.202

Gurditta Ram Chauhan  vs Mrs. Babita