The Supreme Court docket invoked powers beneath Article 142 of the Structure.
New Delhi:
The Supreme Court docket at the moment held that it may possibly dissolve marriages on the bottom of “irretrievable breakdown of marriage” invoking powers beneath Article 142. It additional held that the necessary ready interval of six months for divorce by way of mutual consent will be completed away with, topic to situations.
“We’ve got additionally laid down components which may decide when there shall be an irretrievable breakdown of marriage,” a Structure Bench comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, AS Oka, Vikram Nath, and JK Maheshwari, stated. The bench has additionally laid out easy methods to steadiness out equities, particularly with regard to upkeep, alimony, and the rights of the youngsters.
The unique problem referred to the Structure Bench was whether or not the necessary ready interval for divorce by mutual consent, as prescribed beneath Part 13B of the Hindu Marriage Act, could possibly be waived by the Supreme Court docket, exercising its huge powers beneath Article 142, with a purpose to dissolve broken-down marriages between consenting {couples} with out referring them to household courts for protracted judicial proceedings to get the decree of separation. Nonetheless, throughout the listening to, the Structure Bench determined to think about the difficulty of whether or not marriages could possibly be dissolved on the bottom of irretrievable breakdown.
“Article 142 have to be thought of in mild of the elemental rights. It ought to contravene a non-derogable operate of the Structure. Court docket beneath the facility is empowered to finish justice,” the bench stated.
Article 142 of the Structure offers with the enforcement of decrees and orders of the highest courtroom to do “full justice” in any matter pending earlier than it.
The case was referred to a five-judge bench seven years in the past by a Division Bench of Justices Shiva Kirti Singh and R Banumathi (each retired) in a switch petition. After listening to arguments, the Structure Bench reserved its judgment on September 29, 2022.
