Kerala High Court Dismisses Wife's Appeal To Back Out Of Mutual Divorce After Accepting Settlement Money

The Division Bench of Justice Devan Ramachandran and Justice M.B. Snehalatha found that the wife had withdrawn the amount deposited by the respondent husband, complying with his part of the conditions in the agreement.

Upholding the family court order the high court said:

“In such factual scenario, one fails to fathom how the appellant says that she was made to sign the application employing deceit, when she unreservedly admits that she received the deposited amount and the sums in the Fixed Deposit with full volition… the learned Family Court has correctly assessed the situation, to hold that this is not a case where the appellant could withdraw from the application, especially when she had obtained benefits under it without any demur.”

The appellant had filed three cases against the respondent seeking return of gold ornaments and maintenance. Subsequently, they entered into a compromise agreement and the cases were disposed of in accordance with the same. As per the agreement, the appellant had agreed to evict herself from the respondent's father's house and to withdraw the maintenance case. Since this was not complied with, the respondent had to initiate separate proceedings.

The respondent then filed an application for divorce on mutual consent on his own by relying on the agreement since the appellant did not agree to sign it. Notice was issued to the appellant but the proceedings did not get concluded. Thereafter, they together filed a joint application for divorce before the Family Court specifically agreeing to certain terms contained in the petition.

As per the terms of the joint application, the respondent agreed to deposit certain sums in the name of the appellant and the appellant agreed to vacate from the respondent's father's home. Thereafter, the respondent deposited the money and the appellant withdrew the same. However, during counselling, she refused to consent for divorce stating that she was deceived into signing the application.

The Family Court granted divorce holding that the appellant cannot be believed since she voluntarily accepted the amount provided in the application but then tried to back out from her obligations. This was challenged in appeal before the High Court.

Thus, the Court dismissed the appeal.

Case No: Mat. Appeal No. 165 of 2022

Case Title: X v. Y

Citation: 2025 LiveLaw (Ker) 613

Counsel for the appellant: P.M. Abdul Jaleel (Kodungallur), K.N. Muhammed Thanveer, Althaf Ahmed Abdu

Counsel for the respondents: T.N. Manoj

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