Article 142 empowers the Supreme Court to pass orders which are necessary for 'doing complete justice' in any cause or matter pending before it.
The Supreme Court Monday said that it can dissolve a marriage on the ground of irretrievable breakdown and waive of 6-18 months waiting period for divorce. The constitution bench said in its decision that there is no need to send both parties to the family court, where they have to wait for 6 to 8 months for divorce. It said that under Article 142 of the constitution, it can approve divorce by using its special powers.
The decision came in the Shilpa Sailesh and Varun Srinivasan case filed in 2014. The court has also laid down guidelines which will have to be considered while giving the verdict. The bench said in the Hindu Marriage Act did not mention improving the relationship, but said it can approve divorce using its special power. Apart from this, things like adultery, religious conversion and cruelty have also been considered as grounds for divorce.
Article 142 empowers the Supreme Court to pass decrees and orders which are necessary for "doing complete justice" in any cause or matter pending before it. Through this, the apex court can give necessary orders for complete justice in any matter before it.
The process of divorce is difficult as well as long. Usually, both parties approach the family court to initiate the process of divorce. But this process takes a lot of time. There is a pile of pending divorce case files in the court. If the husband and wife want an early divorce, they can approach the Supreme Court under Article 142 to dissolve the marriage.
The order of the apex court came on an issue of whether divorce can be granted on the ground of irretrievable breakdown of the marriage by invoking special powers under Article 142 of the Constitution. A batch of petitions was filed in the apex court relating the use of the apex court`s plenary powers to dissolve a marriage between consenting parties without referral to family courts to wait for the mandatory period prescribed under Section 13-B of the Hindu Marriage Act. The case was referred to a five-judge Bench on June 29, 2016, by a division bench.
READ | Wrestlers’ protest: 'Tukde Tukde gang' seems to be involved, alleges WFI chief Brij Bhushan Singh
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "DNA Special: Analysis of Supreme Court's decision on granting divorce to couples under Article 142")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}