SC delivers major ruling on divorce, says 6-month waiting period not mandatory
NEW DELHI,MAY 1 : The Supreme Court on Monday said it can dissolve a marriage on the ground of “irretrievable breakdown”. A five-judge Constitution bench headed by Justice SK Kaul said the Supreme Court can dissolve a marriage between consenting parties under Article 142 of the Constitution.
Further, the court ruled that the six-month period prescribed under the Hindu Marriage Act can be dispensed with subject to conditions.
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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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The court was hearing a batch of petitions relating to the exercise of its powers under Article 142 to dissolve marriages between consenting couples without referring them to family courts for protracted judicial proceedings.
-PTI
