This is a genuinely important question, and yes, a Delhi judge can indeed refuse to grant divorce even where both parties want it, though this happens for specific, legally grounded reasons rather than arbitrary discretion, and understanding these reasons can help you avoid unnecessary delay in your own mutual consent divorce proceedings. Even in mutual consent cases under Section 13B of the Hindu Marriage Act, 1955, the court retains an independent duty to verify that consent is genuine, voluntary, and that the statutory requirements — including the one-year separation period — have been properly satisfied before granting the decree.

If a judge has doubts about whether consent was truly voluntary, or suspects that one party may be under pressure, coercion, or hasn't fully understood the implications of the settlement, particularly around alimony, custody, or property terms, they can decline to proceed with the divorce until these concerns are properly addressed, sometimes directing additional counselling sessions or seeking further clarification from the parties directly in court. This protective function is a deliberate feature of the law, not an obstacle, designed to prevent hasty or coerced settlements.

Judges may also refuse to grant divorce where the settlement terms appear grossly unfair to one party, particularly where children's welfare or a financially dependent spouse's genuine needs don't appear adequately addressed in the agreement, even if both parties currently express willingness to proceed. Courts see themselves as having a responsibility to ensure settlements are substantively fair, not merely technically agreed upon by both sides.

Procedural deficiencies can also cause refusal or delay — incomplete documentation, failure to properly satisfy the one-year separation requirement, or unresolved ancillary issues can all lead a judge to withhold the final decree until these matters are properly resolved, making thorough preparation before filing genuinely important to avoiding unnecessary complications.

Given how much a well-prepared petition reduces the risk of judicial refusal or delay, it is worth consulting the team at Aapka Legal Advice to ensure your mutual consent divorce petition and settlement terms are properly structured and documented before approaching the Delhi Family Court.

The Best Divorce Lawyers & Retired Judges in Delhi | Aapka Legal Advice network includes divorce lawyers experienced in mutual consent proceedings, along with a panel of retired judges who can offer valuable insight into how Delhi courts typically evaluate the genuineness and fairness of settlement terms.

In summary, a Delhi judge can indeed refuse to grant divorce even where both parties want it, typically due to concerns about genuine consent, fairness, or procedural completeness. Careful, thorough preparation of your petition significantly reduces this risk and helps ensure a smooth process.