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A five-judge Constitution Bench of the Supreme Court on May 1 dominated that marriages can be dissolved “on grounds of irretrievable breakdown”.
The Supreme Court pronounced its verdict on a batch of petitions regarding the train of its huge powers below Article 142 of the Constitution to dissolve broken-down marriages between consenting {couples} with out referring them to household courts for protracted judicial proceedings to get decrees of separation.
The Bench headed by Justice S.Okay. Kaul stated the Supreme Court is empowered below Article 142 of the Constitution to do full justice.
Article 142 of the Constitution offers with the enforcement of decrees and orders of the Supreme Court to do “complete justice” in any matter pending earlier than it.
“We have… held that it is possible for this Court to dissolve the marriage on the ground of irretrievable breakdown of marriage,” the bench, additionally comprising justices Sanjiv Khanna, A.S. Oka, Vikram Nath, and J.Okay. Maheshwari, stated.
While reserving its order, the Court had stated social modifications take a “little time” and generally it’s simpler to convey a regulation however troublesome to steer society to alter with it.
The Supreme Court had acknowledged the big function a household performs in marriages in India.
Two questions, together with whether or not the train of such jurisdiction by the SC below Article 142 mustn’t be made in any respect or whether or not such train ought to be left to be decided within the information of each case, have been earlier referred to the Constitution Bench.
(With PTI inputs)
