SC on Divorce
The Supreme Court (SC) held that it can dissolve marriages on the ground of irretrievable breakdown of marriage in that it can invoke its special powers under Article 142 of the Constitution of India.
The waiting period of six months
Also, the SC held that the mandatory waiting periods of six months for divorce through mutual consent can be done with, subject to conditions.
A Constitution Bench comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, AS Oka, Vikram Nath, and JK Maheshwari said, “We have also laid down factors which can determine when there will be an irretrievable breakdown of the marriage.”
Moreover, the bench also focused on post-divorce issues. It laid out how to balance out the equities, particularly with regard to maintenance, alimony, and the rights of the children of the separated couple.
Taking notes from the original issue, it referred to the bench whether the mandatory waiting period for divorce by mutual consent as prescribed under Section 13B of the Hindu Marriage Act could be waived, exercising its powers under Article 142.
Marriage can be dissolved on the ground of irretrievable breakdown
However, the bench decided to consider whether marriages could be dissolved on the ground of irretrievable breakdown during the hearing.
“Article 142 must be considered in light of the fundamental rights. It should contravene a non-derogable function of the Constitution. Court under the power is empowered to complete justice,” the bench said.
Article 142 of the Constitution deals with the enforcement of decrees and orders of the top court to do “complete justice” in any matter pending before it.
A five-judge Constitution bench headed by Justice S K Kaul said the apex court is empowered under Article 142 of the Constitution to do complete justice.
Article 142 of the Constitution deals with the enforcement of decrees and orders of the apex court to do “complete justice” in any matter pending before it.
(With Input Feeds)
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