Marriage Ended, Dignity Preserved: Kerala High Court Grants Mutual Divorce, Records Return of 115 Sovereigns and ₹3.5 Lakh Settlement

“Cooling-Off Period Waived—Irretrievable Breakdown Proven, Consent Free from Fraud or Coercion”: In a sensitive yet firm affirmation of mutual agency and dignity in matrimonial dissolution, the Kerala High Court granted divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955. The Court also formally recorded a comprehensive settlement that included the return of 115 sovereigns of gold and payment of ₹3.5 lakhs for maintenance arrears.

A Division Bench comprising Justices Devan Ramachandran and M.B. Snehalatha observed: “We are convinced that the marriage between the spouses has been irretrievably broken down… divorce is the only viable option. There is no collusion, and the consent is genuine and voluntary.”

The marital relationship between Anu Vidhya Rajendran and Aravind R. had collapsed irreversibly, with both parties living separately since 2017. Initially, the Family Court, Alappuzha, had granted divorce to Aravind on the ground of cruelty. There were cross-appeals filed—by the wife challenging the divorce decree and by both parties relating to claims over gold ornaments.

When the appeals were taken up for final hearing, the parties informed the High Court that the entire dispute had been amicably resolved through a joint petition. Both spouses filed an application under Section 13B of the Hindu Marriage Act seeking mutual divorce.

The Court was presented with the settlement terms and the signed joint petition, which were accepted after verification.

The High Court meticulously scrutinized the terms of the compromise and emphasized that mutual consent must be untainted by coercion, fraud, or external pressure. It found:

“The petition under Section 13B has been filed voluntarily... there is no collusion, no coercion, and the parties are living separately for over seven years.”

In recognition of the irretrievable breakdown and the futility of further litigation, the Court waived the statutory cooling-off period:

“This is a fit case to waive the waiting period. Attempts at reunion have failed, and both parties affirm that reconciliation is impossible.”

As per the mutually agreed terms:

• The husband, Aravind, returned 115 sovereigns of gold ornaments to Anu Vidhya in full and final settlement.

• He also paid ₹3,50,000 by demand draft towards arrears of maintenance for their minor child.

The Court specifically endorsed these aspects: “We record with satisfaction that the wife’s claims have been fairly settled and the child’s rights acknowledged.”

With this judgment, the Kerala High Court has not only concluded a protracted legal battle but has also set a tone of equitable closure. The decree of divorce by mutual consent was made effective immediately.

“The marriage is dissolved with effect from today,” declared the Bench, affirming that “respect and legal dignity must survive even when relationships end.”

This ruling stands out for its balanced sensitivity, effective settlement enforcement, and reaffirmation of mutual dignity in family litigation.

Date of Decision: May 19, 2025