Can a spouse withdraw his/her consent for mutual divorce and refuse to sign the second motion petition once the disputes are settled through a mediation settlement agreement?

The issue was recently addressed by the Hon’ble Supreme Court of India in its judgment dated 13.04.2026 titled as “DHANANJAY RATHI Vs. RUCHIKA RATHI” wherein the Court categorically held that once parties have entered into a settlement agreement through mediation, it is not open for either party to unilaterally resile from its terms, including withdrawal of consent for mutual divorce.

The brief facts of the case are that the Husband filed a Divorce petition under Section 13(1)(i-a) on the ground of cruelty before the Trial Court. During the pendency of the divorce proceedings, the matter was referred to mediation, where the parties amicably resolved their disputes and entered into a comprehensive settlement agreement. The settlement contemplated dissolution of marriage by mutual consent along with a full and final financial settlement. In furtherance of the mediation settlement, the husband withdrew the pending divorce petition under Section 13(1)(ia) and the parties jointly filed a mutual divorce petition where the first motion was allowed by the Trial Court. However, subsequently, the wife refused to sign the second motion and to proceed further in terms of the settlement agreement. In addition, she initiated proceedings under the Domestic Violence Act against the husband.

Aggrieved by the actions of the wife, the husband approached the High Court seeking quashing of the domestic violence proceedings. The High Court, however, declined to quash the proceedings and permitted the continuation of DV proceedings, subject to the wife returning the benefits received under the settlement. Challenging the said order, the husband approached the Hon’ble Supreme Court.

The core issue under consideration before the Apex Court was:

“Whether any party can back out from the Settlement Agreement arrived at in the mediation proceedings? If yes, in what situation?”

The Apex Court acknowledged the settled legal position that consent for a decree of mutual divorce must subsist till the passing of the final decree, and either party is entitled to withdraw consent at any stage before such decree. However, the Court carved out a crucial distinction in cases where a valid settlement agreement has been executed between the parties during mediation.

The Apex Court held as follows:

“Though it is well within the law, for any party, to withdraw consent at any stage before grant of divorce by mutual agreement, however, in case a compromise deed or a settlement agreement has been entered in between the parties regarding the full and final settlement of their disputes, then in that case it is not open for the party to step back from the terms and conditions so arrived between them. (Para 29)

It is trite law that once the parties have entered into a settlement agreement which was duly authenticated by the mediator, in case of any resilement from such terms as agreed upon in the settlement, the resiling party must be encumbered with heavy costs. Any deviation from the terms of the settlement arrived in mediation and later confirmed by the Court should be dealt with strictly as such deviation harbors an attack to the foundational basis of the entire process of mediation. (Para 30)

The Apex Court duly held that once a settlement agreement has been duly entered into between the parties, it is binding upon them, and any breach thereof may entail consequential proceedings under both civil and criminal law. However, the Court further clarified that the only exception to this rule would arise where the aggrieved party is able to demonstrate that the settlement agreement was vitiated by force, fraud, or undue influence.

Accordingly, the Apex Court quashed the DV proceedings and, invoking Article 142, granted divorce on the ground of irretrievable breakdown of marriage while directing compliance with the remaining settlement terms.

CONCLUSION

This judgment reinforces the binding nature of mediation settlements in matrimonial disputes and underscores the sanctity of the mediation process. While the law permits withdrawal of consent in mutual divorce proceedings, such withdrawal cannot be exercised in a manner that defeats a duly executed settlement agreement. Thus, once parties have consciously and voluntarily settled their disputes through mediation, they are bound by its terms, unless it is established that the agreement was procured by force, fraud, or undue influence.