Yes, a Chennai judge can indeed refuse to grant divorce even when both parties want it, particularly in mutual consent proceedings, if the court is not satisfied that all statutory requirements have been genuinely met, such as the requisite period of separation, genuine and voluntary consent free from coercion, or reasonable and fair arrangements regarding maintenance, custody, and property division that adequately protect any vulnerable party or children involved.

Under Section 13B of the Hindu Marriage Act, courts retain an independent duty to verify that the consent expressed is genuine and that the parties have indeed lived separately for the required period, meaning a judge can decline to grant the divorce if there are indications of coercion, inadequate consideration of children's welfare, or settlement terms that appear grossly unfair to one party, even if both parties nominally express agreement to proceed.

Courts have also occasionally exercised caution where they perceive that consent may have been given under significant pressure or where the settlement terms, particularly regarding maintenance for a financially dependent spouse or arrangements for children, appear inadequate or potentially harmful, reflecting the court's broader protective role in matrimonial proceedings rather than simply serving as a rubber stamp for whatever the parties present.

If you encounter judicial reluctance to grant your mutual consent divorce despite both parties' genuine agreement, it is important to ensure your settlement terms are comprehensive, fair, and clearly documented, addressing all relevant concerns the court might have, and working with experienced counsel to present your case persuasively. Consulting the team at Aapka Legal Advice can help you ensure your Chennai mutual consent divorce petition addresses all necessary judicial concerns.

Given that judicial scrutiny of mutual consent divorces serves important protective purposes, obtaining a second opinion from a retired judge on how to strengthen your petition and address potential court concerns can help ensure smooth proceedings. Chennai's experienced family law advocates and retired judges, listed at Aapka Legal Advice's Chennai divorce lawyer directory, regularly assist couples navigating these mutual consent proceedings.

In conclusion, a Chennai judge can indeed decline to grant divorce even with both parties' agreement if statutory requirements or genuine welfare concerns are not adequately satisfied, making thorough and fair preparation of your mutual consent petition essential.