The Constitution Bench holds that the mandatory six-month waiting period for divorce by mutual consent under the Hindu Marriage Act, 1955, can be dispensed with
The Supreme 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.
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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.
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“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.
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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.
Source: The Tribune
