Powers under Article 142 can be exercised by the Apex Court to dissolve marriage on irretrievable breakdown ground

A constitution bench of the Supreme Court held that its special powers under Article 142 of the Constitution can be invoked to grant divorce on irretrievable breakdown ground. This ground is not yet statutorily recognised. The court further said that this won’t be in the contravention of any specific or fundamental principles of the public policy.

The court also stated that the mandatory six-month waiting period can be waived subject to meeting of the conditions specified in prior rulings.

Initially the matter before the court was whether the mandatory period to wait under Section 13B of the Hindu Marriage Act, 1955 can be waived off. But subsequently, the bench was to decide that whether marriages can be dissolved on irretrievable breakdown ground.

 

Source: https://www.livelaw.in/top-stories/irretrievable-breakdown-of-marriage-a-ground-to-dissolve-marriage-invoking-article-142-powers-supreme-court-227617

 

 

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