Divorce · 22 July 2026
Trial Courts Cannot Force Parties to Undergo Mediation in Mutual Consent Divorce
High Court at Calcutta
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The husband and wife jointly petitioned for divorce by mutual consent after settling all terms. The trial court dismissed their petition solely because the parties did not participate in court-ordered mediation.
The Calcutta High Court held that mediation is founded entirely on the voluntary consent of the parties and cannot be forcibly thrust upon them. A mutual consent divorce petition cannot be dismissed merely because the estranged spouses declined to attend mediation.
Relevant provisions: Section 13B, Hindu Marriage Act, 1955 / Section 28, Special Marriage Act, 1954
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