New Delhi: The Supreme Court on Monday dominated it could possibly invoke its particular powers below Article 142 of the Constitution to dissolve a wedding on the bottom of irretrievable breakdown. Article 142 of the Constitution offers with the enforcement of decrees and orders of the apex court docket to do “complete justice” in any matter pending earlier than it.
“…We have accordingly, in consonance with our findings, held that it is possible for this court to dissolve the marriage on the ground of irretrievable breakdown of the marriage. That will not contravene the specific or fundamental principles of public policy,” a five-judge Constitution bench headed by Justice S Ok Kaul mentioned.
The bench, additionally comprising justices Sanjiv Khanna, A S Oka, Vikram Nath, and J Ok Maheshwari, was coping with multiple set of questions together with what may very well be the broad parameters for the train of powers below Article 142 to dissolve a wedding between consenting events with out referring them to the household court docket to attend for the obligatory interval prescribed below part 13-B of the Hindu Marriage Act.
While announcing the decision, the bench mentioned it has by no means been doubtful or debate that the highest court docket is empowered below Article 142 (1) of the Constitution to do “complete justice”.
“… We have held that the period of six months can be dispensed with subject to the requirements and conditions as specified in the two judgments of this court…,” Justice Khanna, whereas announcing the decision on behalf of the bench, mentioned.
The high court docket had reserved its verdict within the matter on September 29 final yr. While listening to arguments, it had noticed that social adjustments take a “little time” and typically it was simpler to carry a legislation however troublesome to influence society to vary with it.
The bench was additionally contemplating whether or not its sweeping powers below Article 142 are inhibited in any method in a state of affairs the place a wedding has irretrievably damaged down within the opinion of the court docket however one of many events is resisting divorce.
Two questions, together with whether or not the train of such jurisdiction by the apex court docket below Article 142 shouldn’t be made in any respect or whether or not such train ought to be left to be decided within the details of each case, had been earlier referred to a structure bench.
On September 20 final yr, the apex court docket had mentioned, “We do believe that another question which would require consideration would be whether the power under Article 142 of the Constitution of India is inhibited in any manner in a scenario where there is an irretrievable breakdown of marriage in the opinion of the court but one of the parties is not consenting to the terms.”
