Latest Supreme Court Judgments on Divorce by Mutual Consent
Quick answer: The Supreme Court's most important recent rulings on mutual consent divorce are Amardeep Singh v. Harveen Kaur (2017), which allows waiver of the six-month cooling-off period, and the Constitution Bench in Shilpa Sailesh v. Varun Sreenivasan (2023), which confirmed waiver and held that the Court can dissolve a marriage for irretrievable breakdown under Article 142. Consent must still continue until the decree.
Rulings that shape mutual divorce today
| Case | Year | Key point |
|---|---|---|
| Sureshta Devi v. Om Prakash | 1991 | Consent must subsist until the decree; either spouse can withdraw before it |
| Anil Kumar Jain v. Maya Jain | 2009 | Court cannot pass a decree if consent is withdrawn at the second motion |
| Hitesh Bhatnagar v. Deepa Bhatnagar | 2011 | Withdrawn consent blocks a mutual divorce decree |
| Amardeep Singh v. Harveen Kaur | 2017 | Six-month period directory; waiver on four conditions |
| Shilpa Sailesh v. Varun Sreenivasan | 2023 | Constitution Bench: Article 142 power to dissolve marriage; waiver confirmed |
This table is a summary. Check each citation in the official judgment before relying on it.
Consent must continue
The older cases remain important. In mutual divorce, consent must exist at the time of the first motion and at the time of the decree. If a spouse withdraws consent before the decree, the court cannot pass a mutual consent decree, and the matter may turn into a contested case. See how to withdraw a mutual consent divorce petition.
Waiver of the cooling-off period
Amardeep Singh (2017) and Shilpa Sailesh (2023) allow waiver where there is no chance of reconciliation, the settlement is genuine and the one-year separation has passed. See Amardeep Singh v. Harveen Kaur and waiver of cooling-off period.
Irretrievable breakdown (Article 142)
In Shilpa Sailesh (2023) the Constitution Bench held that the Supreme Court may, in suitable cases, dissolve a marriage directly on irretrievable breakdown, without waiting for the cooling-off period, but this is a discretionary power not available as a matter of right. See irretrievable breakdown as a ground for divorce and contested divorce vs irretrievable breakdown.
How to use this in your case
- Ask whether one-year separation is complete.
- Prepare the settlement, covering money, children and pending cases.
- File a waiver application if you want to avoid the six-month wait.
- Keep consent clear and consistent until the decree.
Talk to our mutual divorce lawyers and read mutual consent divorce in Delhi.
Frequently asked questions
What is the latest Supreme Court judgment on mutual divorce?
The Constitution Bench ruling in Shilpa Sailesh v. Varun Sreenivasan (2023) is among the most significant recent ones.
Can one spouse withdraw consent?
Yes, before the decree. If consent is withdrawn, the court cannot pass a mutual consent decree.
Can the Supreme Court grant divorce directly?
Yes, in suitable cases under Article 142, but this is a discretionary and exceptional power.
Is the six-month period still required?
It is the default, but it can be waived in appropriate cases.
Do these judgments apply to Special Marriage Act couples?
Courts have applied similar reasoning to Section 28 SMA, but practice varies.
Related guides
- Amardeep Singh v. Harveen Kaur (2017)
- Waiver of cooling-off period
- Mutual consent divorce in Delhi 2026
- Contested vs mutual divorce
Where we can help
- Mutual divorce lawyer in Delhi
- Supreme Court lawyer in Delhi
- Divorce lawyer in Delhi
- Book an appointment
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Call +91-98680 84425Book an appointmentThis page is general legal information for readers in India, not legal advice, and no lawyer-client relationship is created by reading it. Laws and court practice change, so confirm the current position with a qualified advocate before acting. AM Legal, 2589 Hudson Lane, GTB Nagar, Delhi 110009.