Case at a Glance
The Family Court, Thalassery, granted a decree of divorce, and appeals were filed in the Kerala High Court. While the appeals were pending, the couple was referred to mediation and decided to live together again, recording their terms in a mediation agreement of 2 December 2025. Acting on that settlement, the High Court set aside the divorce decree and closed the appeals, restoring the marriage.
Background
A divorce petition, O.P.(Div) No. 1089 of 2021, was decided by the Family Court, Thalassery, which granted a decree of divorce. Two appeals arising from it, Mat. Appeal Nos. 697 and 859 of 2025, came before a Division Bench of the Kerala High Court.
The Court referred the parties to mediation. They resolved their differences, agreed to reunite and live together, and signed a mediation agreement on 2 December 2025.
The Question Before the Court
What should happen to a divorce decree when the parties reconcile while the appeal is pending?
Giving Effect to Reconciliation
The Court recorded that the parties had reunited through mediation and that their agreement reflected their wish to continue the marriage. With the dispute resolved, the divorce decree no longer reflected their relationship.
Acting on the settlement, the Court set aside the Family Court's divorce decree and disposed of the appeals in terms of the mediation agreement, so that the marriage stood restored.
What the Court Held
- The parties reunited through court-referred mediation.
- Their mediation agreement of 2 December 2025 was accepted.
- The Family Court's divorce decree was set aside.
- The appeals were disposed of in terms of the settlement.
Why It Matters
- Mediation can save marriages even after a divorce decree.
- Appellate courts can undo a decree when parties reconcile.
- It reflects the courts' preference for reconciliation where possible.
For Litigants / For Counsel
For litigants
- A divorce decree is not necessarily the end if both of you want to reconcile.
- Take court-referred mediation seriously.
For counsel
- Ask for mediation even at the appellate stage.
- Record reconciliation terms in a clear written agreement.
Key Takeaways
- Couple reconciled.
- Mediation agreement accepted.
- Divorce decree set aside.
- Marriage restored.
FAQs
Can a divorce decree be reversed if the couple reconciles?
Yes, on appeal the High Court set it aside on their settlement.
How did reconciliation happen?
Through mediation ordered by the High Court.
What were the original grounds?
The order does not set them out in detail.
Conclusion
The Kerala High Court gave effect to a couple's decision to stay married by setting aside the divorce decree that had separated them.
Practical takeaway: mediation remains open, and can succeed, at every stage.