My Spouse Agreed to Mutual Divorce — Then Changed Their Mind. What Can I Do? The Supreme Court’s 2026
By Advocate Karan Dua | Vintage Litigation, New Delhi Published: June 2026
You sat through months of mediation. You made painful compromises. You agreed on alimony, on the flat, on where the children would live. You signed the settlement. Your spouse signed it too.
Then — days before the second motion hearing — your spouse called to say they had changed their mind. No second motion. No final decree. No divorce.
Or perhaps you are on the other side. You signed something in the middle of a negotiation you no longer believe was fair. You want to withdraw. You want to start again.
Either way, you are asking the same urgent question: can a spouse withdraw consent for mutual divorce in India — and what happens if they do?
In April 2026, the Supreme Court of India gave the clearest, most consequential answer to this question in years — in the case of Dhananjay Rathi v. Ruchika Rathi (2026 INSC 360). This guide explains exactly what the court decided and what it means for your specific situation in Delhi.
How Mutual Divorce Works in India — The Basic Framework
Before understanding the 2026 ruling, it helps to understand the mechanics of mutual divorce under Section 13B of the Hindu Marriage Act, 1955.
A mutual consent divorce involves two stages:
First Motion: Both spouses jointly petition the court stating that they have been living separately for at least one year and have mutually agreed to dissolve the marriage. They file together — with agreed terms on maintenance, property, and custody.
Cooling-Off Period: The court imposes a mandatory six-month waiting period after the first motion. This period can be waived if the court is satisfied that the marriage has irretrievably broken down and further delay serves no purpose — a flexibility increasingly used by Delhi family courts and the Supreme Court since Amardeep Singh v. Harveen Kaur (2017).
Second Motion: Within 18 months of the first motion, both spouses must appear before the court to confirm their continuing consent to the divorce. Only then does the court pass the final divorce decree.
The critical legal requirement is this: mutual consent must continue throughout — from the first motion to the second motion. Either spouse can withdraw their consent at any point before the final decree.
This legal rule is what most divorcing couples know. What they don’t know is what changed in April 2026.
The April 2026 Supreme Court Ruling: What Changed Everything
In Dhananjay Rathi v. Ruchika Rathi (2026 INSC 360), decided on April 13, 2026, a bench of Justice Vijay Bishnoi and Justice Rajesh Bindal addressed a situation that plays out in thousands of Delhi divorce cases every year.
The facts: The husband had filed a contested divorce petition against his wife on grounds of cruelty. During the pendency of those proceedings, the case was referred to court-supervised mediation. The parties reached a comprehensive settlement — covering maintenance, property division, and child custody arrangements. The wife received substantial financial benefits under the settlement and the marriage was to be dissolved by mutual consent.
Then, before the final decree, the wife attempted to withdraw her consent — effectively attempting to use the signed settlement as leverage to negotiate further.
What the Supreme Court held:
The Court acknowledged the long-standing general rule: under Section 13B HMA, either spouse is free to withdraw consent before the final divorce decree. This principle from Sureshta Devi v. Om Prakash (1991) remains valid.
But — and this is the landmark shift — the Court carved out a crucial exception: where parties have entered into a binding, comprehensive settlement through mediation and have acted upon it (including receiving financial benefits), consent cannot thereafter be withdrawn to defeat the settlement.
In the Court’s own words: “Any deviation from the terms of the settlement arrived at in mediation and later confirmed by the Court should be dealt with strictly.”
The ruling has two powerful practical effects:
- A spouse who has signed a comprehensive settlement and taken benefits under it cannot simply walk away from the divorce consent.
- Courts will enforce settlement agreements — and impose costs on parties who attempt to resile without valid justification such as fraud, coercion, or non-performance by the other side.
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What This Ruling Means If Your Spouse Has Backed Out
If your spouse has agreed to mutual divorce, signed a settlement, received financial benefits — and is now refusing to appear for the second motion or withdrawing consent — the 2026 ruling gives you significant legal ground.
Step 1: File a contempt or enforcement application Once a settlement has been recorded before the court or confirmed through court-supervised mediation, it becomes a court-sanctioned document. Refusal to honour it is not simply a change of mind — it is a deviation from a binding agreement. Your advocate can file an appropriate application seeking enforcement and, where warranted, imposition of costs.
Step 2: Approach the Supreme Court under Article 142 In cases of irretrievable breakdown where one party is frustrating the divorce process, the Supreme Court can dissolve the marriage directly under its constitutional powers — bypassing the need for the second motion entirely. The Court used exactly this power in the Shilpa Sailesh v. Varun Sreenivasan (2023) Constitution Bench ruling. Delhi lawyers increasingly use this route when one spouse is weaponising the consent requirement.
Step 3: Convert to a contested divorce If the settlement cannot be enforced and the Supreme Court route is not appropriate on your facts, you can convert the mutual divorce petition into a contested divorce on grounds of cruelty, desertion, or mental cruelty. The prolonged refusal to honour a signed agreement — and the pattern of litigation that follows — can itself be pleaded as cruelty.
The choice of route depends entirely on your specific facts, the stage of your proceedings, and what the settlement document says. This is a decision that requires specialist legal advice before acting.
What This Ruling Means If You Want to Withdraw Consent
If you are the spouse who has second thoughts — who signed a settlement and is now reconsidering — the April 2026 ruling tells you clearly where the law stands.
If you signed a comprehensive settlement through mediation, received any financial or practical benefit under it (maintenance payments, transfer of property, access to children), and the settlement was recorded before the court — you may not be able to simply withdraw without consequences.
However, you do have valid grounds to resile if:
- The settlement was obtained by fraud — you were deceived about material facts (the other spouse’s income, assets, or liabilities)
- The settlement was signed under coercion or duress
- The other spouse has not performed their obligations under the settlement
- The terms of the settlement were fundamentally changed after you signed
If any of these apply, you need to move quickly and carefully. Filing the right application — before the other party moves for enforcement — is critical. Consult a specialist matrimonial lawyer immediately rather than simply failing to appear at the second motion hearing, which will weaken your position significantly.
The Cooling-Off Period and Waiver: What Delhi Courts Do in 2026
The six-month cooling-off period after the first motion remains in place under Section 13B — but Delhi family courts and the Supreme Court now routinely waive it where:
- Parties have been separated for an extended period before filing
- A comprehensive settlement has already been reached
- Both parties confirm continuing consent at an early stage
- Children and financial matters are fully resolved
In straightforward mutual divorce cases with strong settlements, Vintage Litigation has secured waiver of the cooling-off period and obtained final decrees in as little as four to five months from the first motion.
Where consent has been withdrawn and the cooling-off strategy is no longer available, the entire timeline changes dramatically — which is one reason why securing a waiver early, and protecting the settlement agreement, is tactically important.
The Role of Mediation: Why It Now Matters More Than Ever
The 2026 ruling elevates the status of mediation settlements in mutual divorce proceedings. This is significant for how you approach negotiations.
A settlement reached through informal negotiation between lawyers — without court supervision — carries less legal weight than one formally recorded through court-referred mediation. The Dhananjay Rathi ruling specifically applied to mediation-derived settlements recorded before the court.
Practical implications for anyone currently in mutual divorce negotiations in Delhi:
- Where possible, have the settlement formally recorded through court-referred or court-supervised mediation rather than simply as a lawyer-to-lawyer negotiation
- Ensure the settlement comprehensively covers all disputes — maintenance, property, custody, stridhan — so there is no residual issue the other party can use as leverage to reopen negotiations
- Obtain legal advice before making any payment or transferring any property under the settlement, as acting on the settlement strengthens its enforceability
Common Reasons Mutual Divorces Break Down in Delhi — And Solutions
Understanding why mutual divorces collapse at the final stage helps you avoid the trap — or recover from it.
Reason 1: Maintenance — the amount increases post-agreement One spouse agrees to a maintenance figure, then is advised by family or a new lawyer that they could get more. Solution: ensure the settlement agreement is comprehensive, recorded formally, and includes a clause confirming full and final settlement.
Reason 2: Custody — emotional shift at the second motion Parents agree on custody arrangements but the reality of losing daily access to a child becomes overwhelming as the hearing approaches. Solution: have custody arrangements tested through interim arrangements during the cooling- off period so both parties have realistic expectations before the final decree.
Reason 3: Property and stridhan disputes A dispute emerges about the value of jewellery, assets, or property that was not fully documented in the settlement. Solution: document every asset and its agreed valuation explicitly in the settlement deed.
Reason 4: Criminal case leverage — 498A, DV One spouse uses a pending criminal complaint as leverage to reopen settlement terms. The 2026 ruling directly addresses this: the Supreme Court made clear that using a settlement as a springboard for continued demands constitutes an abuse of process. If your spouse is doing this, an application for quashing the criminal case as part of the global settlement — a strategy Vintage Litigation has used effectively — may be appropriate.
How Vintage Litigation Can Help
Advocate Karan Dua has handled mutual divorce proceedings — including enforcement of settlements where one spouse backed out — across all Delhi family courts and before the Supreme Court of India.
Whether your mutual divorce is proceeding smoothly and you need watertight documentation, or it has broken down and you need to enforce the settlement or pivot to a contested strategy — we build a written plan within five working days of your first consultation.
Online first consultation. Fully confidential. No commitment required.
📞 Call / WhatsApp : +91-9999483959 📧 Email : Adv.karan.dua67@gmail.com 📍 Office : O-11A, Basement, Jangpura Extension, New Delhi – 110014 ⏰ Hours : Monday–Saturday, 9:00 AM – 6:00 PM WhatsApp available after hours
FAQ
Q1: Can a spouse withdraw consent for mutual divorce in India?
A: Generally, yes — under Section 13B of the Hindu Marriage Act, either spouse can withdraw consent at any point before the final divorce decree is passed. However, the Supreme Court’s April 2026 ruling in Dhananjay Rathi v. Ruchika Rathi (2026 INSC 360) created an important exception: where parties have entered into a comprehensive settlement through mediation and acted upon it, consent cannot be arbitrarily withdrawn to defeat the settlement. The right to withdraw consent is not absolute and cannot be used as a tool of harassment.
Q2: What happens if my spouse refuses to appear for the second motion hearing?
A: If your spouse refuses to attend the second motion hearing, the mutual divorce cannot proceed to a final decree. However, depending on the facts, you have several options: (a) apply to enforce the settlement agreement if one was formally reached through court-supervised mediation; (b) approach the Supreme Court under Article 142 for dissolution of the marriage directly if it has irretrievably broken down; or (c) convert the petition to a contested divorce. The right strategy depends on whether a binding settlement was previously signed and the current stage of proceedings. Consult a specialist divorce lawyer immediately.
Q3: What did the Supreme Court decide in Dhananjay Rathi v. Ruchika Rathi 2026?
A: In Dhananjay Rathi v. Ruchika Rathi (2026 INSC 360), decided on April 13, 2026, the Supreme Court held that once parties enter into a comprehensive settlement through court-supervised mediation and act upon it, one party cannot unilaterally withdraw consent for mutual divorce. The Court stated that any deviation from a mediation settlement confirmed by the court should be dealt with strictly, and imposed costs on the party attempting to resile. The ruling strengthens the enforceability of mediated divorce settlements.
Q4: Can a spouse back out of a mutual divorce after signing the settlement?
A: After the April 2026 Supreme Court ruling, a spouse who has signed a comprehensive mediation settlement and received benefits under it (maintenance payments, property transfer, asset division) cannot simply back out without valid justification. Grounds for valid withdrawal include: fraud, coercion, or material non-performance by the other side. Simply changing one’s mind after benefiting from a settlement is no longer a legally tenable position — courts can impose costs and enforce the settlement against the withdrawing party.
Q5: Can I convert a mutual divorce to a contested divorce if my spouse backs out?
A: Yes. If your spouse withdraws consent and the mutual divorce cannot proceed, you can file or convert to a contested divorce petition on grounds of cruelty, desertion, or mental cruelty under Section 13(1) HMA. The conduct of a spouse who signed a settlement and then withdrew consent — especially using pending criminal cases as leverage — can itself constitute evidence of cruelty in the contested proceedings.
Q6: Can the Supreme Court dissolve a marriage if one spouse refuses mutual divorce?
A: Yes. Under Article 142 of the Constitution, the Supreme Court can dissolve a marriage directly where it has irretrievably broken down, even without a mutual consent petition or both spouses agreeing. Since the 2023 Constitution Bench ruling in Shilpa Sailesh v. Varun Sreenivasan, this power is used more actively. It is particularly relevant where one spouse is frustrating the divorce process after an agreed settlement.
Q7: Can the six-month cooling-off period be waived in mutual divorce?
A: Yes. Delhi family courts and the Supreme Court routinely waive the mandatory six-month cooling-off period under Section 13B HMA where: the parties have been separated for a substantial period, a comprehensive settlement has been reached, and both spouses confirm continuing consent. In straightforward cases, Vintage Litigation has obtained final decrees in four to five months from the first motion.
Q8: My spouse received the settlement payment then refused to sign the second motion. What are my legal options?
A: This is precisely the situation the Supreme Court addressed in Dhananjay Rathi (2026). Your options include: (a) filing an enforcement/contempt application based on the binding nature of the mediation settlement; (b) approaching the Supreme Court under Article 142 for direct dissolution of the marriage; and (c) converting to a contested divorce using the withdrawal conduct as evidence of cruelty. The most effective route depends on how the settlement was recorded and the current stage of your case. Call Vintage Litigation at +91-9999483959 immediately.
Q9: Does a 498A or domestic violence case affect mutual divorce proceedings?
A: It can — and this is one of the most common ways mutual divorces break down in Delhi. One spouse may use a pending 498A or DV case as leverage to extract better settlement terms after initial agreement. The 2026 Supreme Court ruling treated this tactic as an abuse of process. A comprehensive global settlement — covering the civil divorce and quashing of criminal proceedings simultaneously — is the cleanest resolution. Vintage Litigation routinely handles both tracks as an integrated strategy.
Q10: How long does a mutual divorce take in Delhi in 2026?
A: In straightforward cases where both parties cooperate and a comprehensive settlement is in place, a mutual divorce in Delhi family courts can be completed in four to six months (including a waived cooling-off period). If the cooling-off period is not waived, it takes six to eighteen months. Where a spouse has withdrawn consent and the matter converts to contested divorce, timelines extend to two to five years depending on the grounds and number of disputes. Early specialist advice — and a watertight settlement agreement — is the single most effective way to protect your timeline.
Adv. Karan Dua Advocate · Delhi High Court · Matrimonial & Family Law Adv. Karan Dua is a Delhi-based advocate specialising in matrimonial disputes, divorce litigation, domestic violence proceedings, and child custody matters. He practises before the Delhi High Court and family courts across the NCR, with a focus on evidence strategy and asset tracing in complex matrimonial matters.