The five-judge bench, led by Justice Sanjay Kishan Kaul, said, “It is possible for the court to dissolve the marriage on the grounds that the breakdown of the marriage is irretrievable and not contrary to principles of public policy.”
Post Date – 12:15 PM, Mon – 1 May 23
New Delhi: The Supreme Court’s Constitutional Chamber ruled on Monday that courts can dissolve a marriage by lifting the waiting period imposed by the Marriage Act if the breakdown is irretrievable.
The five-judge bench, led by Justice Sanjay Kishan Kaul, said, “It is possible for the court to dissolve the marriage on the grounds that the breakdown of the marriage is irretrievable and not contrary to principles of public policy.”
“We consider that the six-month period may be waived subject to the requirements and conditions laid down in the two judgments of this Court…” the judge said.
The judge said the court could invoke its special powers under Article 142 of the Constitution to grant a divorce in such circumstances, in order to achieve full justice. It said that the powers of section 142 must be exercised in accordance with fundamental principles of public policy. A detailed judgment on the matter will be uploaded later in the day.
The Supreme Court judgment came in response to a batch of petitions involving the use of the court’s discretionary powers to dissolve a consensual marriage without going to the Family Court to wait for the mandatory period stipulated in the Hindu Marriage Act.
