2023-05-01 10:00:43
A constitution bench of Justice SK Kaul, Justice Sanjeev Khanna, Justice A.S.Ok, Justice Vikram Nath and Justice JK Maheshwari has delivered an important judgment on divorce.
New Delhi, May 1:
The Supreme Court today gave an important decision on the issue of divorce. The five-member bench of the court said that if it is not possible to mend the relationship, the court can dissolve the marriage. According to the Supreme Court, it can immediately pronounce a decision to dissolve the marriage on the basis that it is not possible to repair the relationship by using the powers under Article 142. That means you won’t have to wait months for a divorce. Divorce can be done only by the Supreme Court without going to the Family Court. A constitution bench of Justice SK Kaul, Justice Sanjeev Khanna, Justice A.S.Ok, Justice Vikramnath and Justice JK Maheshwari has delivered this important judgment.
According to a five-judge constitution bench headed by Justice SK Kaul, the Supreme Court has the right to dissolve such marriages (where there is no scope for union). The six-month period prescribed by law for divorce may be waived. This will be subject to the guidelines laid down earlier by the Supreme Court.
According to the order, the Supreme Court can grant divorce in order to do complete justice in such cases and can exercise special powers under Article 142 of the Constitution. But Article 142 empowers the Supreme Court to exercise its powers with restraint.
Can Supreme Court grant direct divorce by using Article 142? The Constitutional Bench gave its decision on this. In which the parties will not need to approach the family court. Where they have to wait from 6 to 18 months for a decree by mutual consent. The Supreme Court has also issued a guideline while giving its verdict.
It may be noted that the bench had reserved its decision on 29 September 2022. The court, while reserving its order, had said that social change takes ‘some time’ and sometimes it is easy to enact legislation. But it is difficult to persuade the society to change with it. During the hearing, the court recognized the role of the family in marriage in India.
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