Yes, a Bengaluru judge can refuse to grant divorce even when both parties want it, because mutual consent alone does not automatically entitle a couple to a decree — the court retains an independent duty to verify that the statutory requirements have been genuinely fulfilled, and that the consent itself is free, informed, and not the product of coercion, fraud, or undue pressure from either side.

Under Section 13B of the Hindu Marriage Act, 1955, even in a mutual consent divorce, the court must be satisfied that the parties have lived separately for at least one year, that they have been unable to live together, and that they have mutually agreed the marriage should be dissolved. If, at the second motion, the judge senses that consent is not entirely voluntary, that one party appears to be under financial, emotional, or family pressure to agree, or that the mandatory separation period has not genuinely been observed, the court can refuse to proceed and may direct further inquiry, additional counselling sessions, or even dismiss the petition altogether.

Bengaluru's Family Courts also routinely use the statutory cooling-off period between the first and second motions to assess whether reconciliation remains possible, and while this period can be waived in appropriate cases following the Supreme Court's ruling in Amardeep Singh vs. Harveen Kaur, the judge still retains discretion on whether waiver is appropriate based on the specific facts before them. Additionally, if the settlement terms — particularly those relating to child custody, maintenance, or property division — appear unfair, incomplete, or not genuinely in the best interests of any children involved, the court can decline to finalise the divorce until these concerns are properly addressed.

This judicial scrutiny exists precisely to prevent divorces obtained under duress, or settlements that leave a vulnerable spouse or children inadequately protected, from slipping through simply because both parties technically signed off on paper. If your mutual consent petition has hit resistance from the court, understanding exactly what specific concern the judge has raised is the first step toward addressing it effectively and moving your case forward.

If you are facing unexpected pushback on a mutual divorce petition in Bengaluru, timely legal guidance can help you resolve the court's concerns efficiently rather than letting the matter drag on. Aapka Legal Advice can help you understand exactly what the court needs to see before granting your decree. Its divorce lawyers in Bengaluru, working alongside a panel of retired judges available for consultation, bring valuable insight into how Bengaluru judges typically evaluate mutual consent petitions.

In summary, yes, a Bengaluru judge can refuse to grant divorce even with both parties' consent, since the court's role is to ensure genuine, informed, and fair consent rather than simply rubber-stamping an agreement.