Either spouse retains right to revoke consent unilaterally during divorce proceedings: Orissa High Court

In a landmark judgement, the Orissa High Court has established that in cases of divorce by mutual consent under Hindu Marriage Act 1995, either spouse retains the right to revoke their consent unilaterally while legal proceedings are still pending. 

This significant decision elaborates on Section 13(B) of the Act, providing clarity on its application.

The case came into focus after an appeal was placed before the Orissa High Court, challenging an earlier decision by the Family Court in Balasore. The couple in question, from the Balasore region of Odisha, entered into marriage in February 2018. However, irreconcilable differences led them to file for divorce under Section 13(B) of the Hindu Marriage Act, seeking mutual consent.

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Upon hearing the wife’s appeal, the High Court overturned the Family Court’s ruling, siding with her request for reconsideration. This decision draws guidance from the Supreme Court’s directives and mandates a re-examination within six months by the Balasore Family Court, acknowledging the need for comprehensive legal scrutiny. The judgement emphasised the procedural aspect, highlighting the ongoing nature of the case since 2020.

The High Court’s ruling underscores a critical interpretation of mutual consent in divorce proceedings, which could impact future cases across the country.