Supreme Court order on divorce: In a major order, the Supreme Court on Monday held that it might probably dissolve marriages on the bottom of ‘irretrievable breakdown of marriage’. The 5-choose Constitution bench stated that it might probably invoke particular energy granted to it underneath Article 143.
The mandatory waiting period of 6 months for divorce by way of mutual consent could be disbursed with topic to circumstances, the apex court docket bench comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, AS Oka, Vikram Nath, and JK Maheshwari, added.Â
Article 142 of the Constitution offers with the enforcement of decrees and orders of the apex court docket to do ‘full justice’ in any matter pending earlier than it.
“Article 142 must be considered in light of the fundamental rights. It should contravene a non-derogable function of the Constitution. Court under the power is empowered to complete justice,” the Bench stated.
‘Matrimony that grows bitter inflicts cruelty on couple’
Hearing a petition of a person final week, the Supreme Court noticed that matrimonial circumstances earlier than the courts pose a special problem, not like some other, as they contain human relationships with their bundle of feelings, faults and frailties.
A bench of Justice Sudhanshu Dhulia and JB Pardiwala stated, “A marriage which has broken down irretrievably, in our opinion spells cruelty to both the parties, as in such a relationship each party is treating the other with cruelty. It is therefore a ground for dissolution of marriage under Section 13 (1) (ia) of the Act (Hindu Marriage Act)”.
“In our considered opinion, a marital relationship which has only become more bitter and acrimonious over the years does nothing but inflicts cruelty on both the sides. To keep the façade of this broken marriage alive would be doing injustice to both the parties,” the bench stated, noting that the couple was residing individually for the final 25 years and was childless.
The high court docket handed the decision on an attraction by the husband towards an order of the Delhi High Court which had dominated that mere submitting of legal circumstances towards him by his spouse doesn’t represent cruelty.
(With inputs from PTI)
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