By Online Desk
NEW DELHI: India’s top court on Monday held that it can dissolve a marriage on the ground of “irretrievable breakdown.”
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.
“We have held that it is possible for this court to dissolve the marriage on the ground of irretrievable breakdown of marriage,” the bench, also comprising justices Sanjiv Khanna, A S Oka, Vikram Nath and J K Maheshwari, said.
The SC bench further held that the six-month mandatory waiting period for cases of divorce by mutual consent can be discarded depending on conditions enacted in previous judgements.
The apex court delivered the verdict on a batch of petitions relating to the exercise of its vast powers under Article 142 of the Constitution to dissolve broken-down marriages between consenting couples without referring them to family courts for protracted judicial proceedings to get the decree of separation.
(With inputs from PTI)
NEW DELHI: India’s top court on Monday held that it can dissolve a marriage on the ground of “irretrievable breakdown.”
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.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
“We have held that it is possible for this court to dissolve the marriage on the ground of irretrievable breakdown of marriage,” the bench, also comprising justices Sanjiv Khanna, A S Oka, Vikram Nath and J K Maheshwari, said.
The SC bench further held that the six-month mandatory waiting period for cases of divorce by mutual consent can be discarded depending on conditions enacted in previous judgements.
The apex court delivered the verdict on a batch of petitions relating to the exercise of its vast powers under Article 142 of the Constitution to dissolve broken-down marriages between consenting couples without referring them to family courts for protracted judicial proceedings to get the decree of separation.
(With inputs from PTI)