The Supreme Court ruled today that it has the authority to dissolve marriages under the grounds of “irretrievable breakdown of marriage” by using its authority granted by Article 142. It additionally ruled that, under some circumstances, the six-month waiting time that is required for divorces that are the result of mutual consent may be waived.
A Constitution Bench made up of Justices Sanjay Kishan Kaul, Sanjiv Khanna, AS Oka, Vikram Nath, and JK Maheshwari stated, “We have also laid down factors which can determine when there will be an irretrievable breakdown of marriage.” The bench has also specified how to strike a balance between the interests of the parties, particularly with regard to child custody, alimony, and maintenance.
The original question put to the Constitution Bench was whether the Supreme Court could use its extensive powers under Article 142 to waive the mandatory waiting period for divorce by mutual consent set forth in Section 13B of the Hindu Marriage Act in order to dissolve broken-down marriages between consenting couples without referring them to family courts for drawn-out legal proceedings to obtain the decree of separation. The Constitution Bench did, however, decide to take into consideration whether marriages might be dissolved on the grounds of irretrievable collapse during the hearing.
Article 142 must be viewed in the context of fundamental rights, the law says. It should be against a non-derogable constitutional right. Justice must be carried out to its fullest extent by the court, according to the bench.
The supreme court’s orders and decrees must be carried out in order for it to render “complete justice” in any case that is before it, according to Article 142 of the Constitution.
Seven years ago, in response to a transfer petition, a Division Bench of Justices Shiva Kirti Singh and R Banumathi (both retired) referred the issue to a five-judge bench. On September 29, 2022, the Constitution Bench heard the arguments but reserved judgement.
