Delhi, 02 May (CNI) :The Supreme Court on Monday held that it can dissolve marriages on the ground of “irretrievable breakdown of marriage” invoking special powers under Article 142.
As per the news agency-Current News of India (CNI) The Supreme Court on Monday held that it can dissolve marriages on the ground of “irretrievable breakdown of marriage” invoking special powers under Article 142. It further held that the mandatory waiting period of six months for divorce through mutual consent can be done away with.
“We have also laid down factors which can determine when there will be an irretrievable breakdown of marriage,” a Constitution Bench comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, AS Oka, Vikram Nath, and JK Maheshwari, said. The bench has also laid out how to balance out equities, specifically with regard to maintenance, alimony, and the rights of the children.
Article 142 of the Constitution deals with the enforcement of decrees and orders of the apex court to do ‘complete justice’ in any matter pending before 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 said.(CNI)