New Delhi:
The Supreme Court has given its verdict regarding divorce. According to the Supreme Court it can dissolve the marriage forthwith on the basis of “breakdown of marriage” accounting for the obligations of 142. No need to wait for months for divorce. Without the Family Court, only the Supreme Court can grant divorce. SS Of. A five-judge constitution bench headed by Justice Kaul also delivered its verdict on the legal aspect of whether the broad powers of the upper courts under the provision can be invoked in scenarios where the marriage has almost broken down but one party has not divorced. Want to do
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The Supreme Court has the power to quash such proposals as per the judgment of the Constitution Bench. The period of six months prescribed by law for divorce may be waived. This Supreme Court will work under the guidelines decided earlier.
The Constitution Bench of Justice SK Kaul, Justice Sanjeev Date, Justice AS OK, Justice Vikram Nath and Justice JK Maheshwari has given this important decision. As per the order, the Supreme Court can grant talaq to do complete justice in such cases and exercise special powers under Article 142 of the Constitution. But the powers of accounts 142 should be exercised sparingly by the Supreme Court.
Can Supreme Court directly grant divorce using account 142? The Constitution Bench gave its verdict on this. The party which will not be referred to the Family Court. Where they have to wait for 6-18 months for a mutual consent decree.
reserved his judgment
The bench had reserved its judgment on September 29, 2022. The court, while reserving its order, had said that social change takes “little time” and sometimes it is easier to bring a law. But it is difficult to rule the society to change with it. During the hearing, the court had accepted the big role of a family in marriage in India.
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In fact, 14 court documents in the Constitution have issued orders to the Supreme Court to do “complete justice” in any case.
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