The Kerala High Court has held that a plea for divorce by mutual consent cannot be denied merely because the couple did not cite a reason for living separately.

A Division Bench of Justice J. Nisha Banu and Justice Shobha Annamma Eapen went on to set aside a family court order that had rejected a joint plea for divorce by mutual consent of a couple who married in 2023 and were living separately since 2024. The court was hearing a plea by the wife, who challenged the family court order.

The order had been passed after the husband deposed that they were living separately for no valid reason. The wife contended that the husband too had sought divorce.

The HC held that the family court ought to have looked into aspects like whether the couple had filed a mutual consent petition, and whether they were agreeable for divorce, and set aside the family court order.