New Delhi: The Supreme Court has issued a ruling allowing for the dissolution of marriages on the grounds of “irretrievable breakdown of marriage” using powers under Article 142.
The court also stated that the six-month waiting period for divorce by mutual consent can be waived under specific conditions.
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The Constitution Bench, consisting of five justices, outlined the factors that would determine an irretrievable breakdown of marriage, as well as how to balance equities with regard to maintenance, alimony, and the rights of children.
The case was initially referred to the Constitution Bench seven years ago by a Division Bench of Justices Shiva Kirti Singh and R Banumathi in a transfer petition.
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The question initially posed was whether the Supreme Court could waive the mandatory waiting period for divorce by mutual consent under Section 13B of the Hindu Marriage Act using its Article 142 powers.
This would allow consenting couples to dissolve their marriages without having to go through protracted judicial proceedings in family courts.
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However, during the hearing, the Constitution Bench decided to examine whether marriages could be dissolved on the ground of irretrievable breakdown.
The Bench noted that “Article 142 must be considered in light of fundamental rights. It should not contravene a non-derogable function of the Constitution. The court, under this power, is empowered to complete justice.”
The Constitution Bench reserved its judgment on September 29, 2022.