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If a married couple wants divorce by mutual consent, it is not a court's business to deny them judicial separation by insisting on knowing the reason for their decision, the Madras high court has said. Noting that a court could not act like a fact-finding authority, a division of Justice K K Sasidharan and Justice N Gokuldas said: "In case the marriage is a failure and the parties wanted to put an end to the marital bond, the court should respect the sentiments and grant divorce+ . It is not the intention of the legislature to deny divorce in spite of the parties taking a conscious decision to part ways." Article referred: http://timesofindia.indiatimes.com/If-couple-wants-divorce-courts-cannot-ask-for-reasons-says-HC/articleshow/53644037.cmsZ

The Punjab and Haryana high court has held that mutual consent divorce orders passed by the court cannot be annulled by an assertion of any party later that the decree was meant to be a sham for facilitating employment in a foreign country. Dismissing a petition filed by a woman from Sonipat district in Haryana, Justice K Kannan of the HC held that marriage was the only contract that couldn't be annulled by mere wish of parties outside the court. The woman had claimed that she had agreed for a divorce by mutual consent after her husband convinced her that by dissolving the marriage, his prospects of going abroad and securing necessary travel documents would brighten. She never believed that the decree of the court was 'really' meant to end her matrimonial relationship. She had approached the court to quash the divorce orders issued by the lower court. Hearing the plea, the HC on January 21 observed that proceedings of court cannot be brought under thick clouds of irrev...