"We have... held that it is possible for this court to dissolve the marriage on the ground of irretrievable breakdown of marriage," the bench, also comprising justices Sanjiv Khanna, AS Oka, Vikram Nath and JK Maheshwari, said.
The Supreme Court on Monday (May 1) said that it can dissolve a marriage on the ground of irretrievable breakdown. A five-judge Constitution bench headed by Justice SK Kaul said the apex court is empowered under Article 142 of the Constitution to do complete justice.
It also said that the mandatory waiting period of six months for divorce through mutual consent can be dispensed with subject to conditions.
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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.
"We have... held that it is possible for this court to dissolve the marriage on the ground of irretrievable breakdown of marriage," the bench, also comprising justices Sanjiv Khanna, AS Oka, Vikram Nath and JK Maheshwari, said.
The apex court delivered the verdict on a batch of petitions relating to the exercise of its vast powers under Article 142 of the Constitution to dissolve broken-down marriages between consenting couples without referring them to family courts for protracted judicial proceedings to get the decree of separation.
