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Family court can’t block mutual divorce if both spouses agree to it: Kerala High Court

The Indian Express·Ashish Shaji·25 days ago
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Despite conciliation efforts undertaken by both families, the couple ‘mutually’ decided to separate, as they were unable to lead a harmonious married life, the court found. (Image generated using AI) 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.…

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