Team Blitz India
NEW DELHI: The Supreme Court has held that it has the discretion of exercising the plenary power it commands under Article 142 of the Constitution to dissolve a marriage on the ground of “irretrievable breakdown”.The apex court also said that it has the authority to dispense with the 6-month waiting period mandated under the Hindu Marriage Act, 1955 while granting divorce with mutual consent.
A five-judge Constitution bench headed by Justice S K Kaul said on May 1 that grant of divorce by the apex court on the ground of irretrievable breakdown of marriage is not a matter of right, but a discretion which is to be exercised with great care and caution, keeping in mind several factors ensuring that complete justice’ is done to both parties.
The bench, also comprising Justices Sanjiv Khanna, A S Oka, Vikram Nath and J K Maheshwari, made it clear that contesting parties cannot directly approach the top court and seek dissolution of marriage on the ground of irretrievable breakdown by filing a writ petition.
The top court was dealing with questions, including whether it can grant divorce in exercise of power under Article 142(1) of the Constitution when there is complete and irretrievable breakdown of marriage in spite of the other spouse opposing the prayer.
