Family court can’t block mutual divorce if both spouses agree to it: Kerala High Court | Legal News
5 min readNew DelhiMay 8, 2026 02:29 PM IST Kerala High Court news: The Kerala High Court recently dissolved a marriage between a couple, observing that a family court cannot deny divorce by mutual consent when both spouses clearly express their desire to dissolve the marriage. A division bench comprising Justices J Nisha Banu and Shoba Annamma Eapen passed the ruling while allowing an appeal filed by a woman challenging the dismissal of a mutual consent divorce petition by the family court, Thalassery. Justices J Nisha Banu and Shoba Annamma Eapen set aside the family court’s judgment and dissolved the marriage. “Both the wife and the husband, who are the appellant and the respondent respectively, had clearly stated before the Family Court that both of them want divorce. Therefore, there was no reason for the Family Court to conclude that there was no mutual consent,” the Kerala High Court noted in its order dated March 31. Plea for divorce by mutual consent The couple got married in 2023 according to Roman Catholic Christian rites, and …









