New Delhi (India), May 1, 2023: In a landmark decision, the Supreme Court has held that it can dissolve marriages on the ground of “irretrievable breakdown of marriage,” invoking powers under Article 142. The court has also allowed the waiver of the mandatory waiting period of six months for divorce through mutual consent, subject to certain conditions.
The decision was made by a Constitution Bench comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, AS Oka, Vikram Nath, and JK Maheshwari, who laid out factors that can determine an irretrievable breakdown of a marriage.
The original issue referred to by the Constitution Bench was whether the mandatory waiting period for divorce by mutual consent could be waived by the Supreme Court, exercising its powers under Article 142. However, the Constitution Bench decided to consider the issue of whether marriages could be dissolved on the ground of irretrievable breakdown instead.
The court emphasized that Article 142 should be considered in light of fundamental rights and must not contravene the non-derogable function of the Constitution.
It further stated that the court, under the power of Article 142, is empowered to provide complete justice. The bench also laid out how to balance out equities, specifically with regard to maintenance, alimony, and the rights of the children.
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