By Online Desk
NEW DELHI: India’s prime court docket docket on Monday held that it could dissolve a marriage on the underside of “irretrievable breakdown.”
A five-judge Constitution bench headed by Justice S Okay Kaul talked about the apex court docket docket is empowered beneath Article 142 of the Constitution to do full justice.
Article 142 of the Constitution presents with the enforcement of decrees and orders of the apex court docket docket to do “complete justice” in any matter pending sooner than 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, moreover comprising justices Sanjiv Khanna, A S Oka, Vikram Nath and J Okay Maheshwari, talked about.
The SC bench extra held that the six-month compulsory prepared interval for cases of divorce by mutual consent could also be discarded counting on circumstances enacted in earlier judgements.
The apex court docket docket delivered the choice on a batch of petitions relating to the prepare of its enormous powers beneath Article 142 of the Constitution to dissolve broken-down marriages between consenting {{couples}} with out referring them to family courts for protracted judicial proceedings to get the decree of separation.
(With inputs from PTI)
NEW DELHI: India’s prime court docket docket on Monday held that it could dissolve a marriage on the underside of “irretrievable breakdown.”
A five-judge Constitution bench headed by Justice S Okay Kaul talked about the apex court docket docket is empowered beneath Article 142 of the Constitution to do full justice.
Article 142 of the Constitution presents with the enforcement of decrees and orders of the apex court docket docket to do “complete justice” in any matter pending sooner than it.googletag.cmd.push(function() googletag.present(‘div-gpt-ad-8052921-2’); );
“We have held that it is possible for this court to dissolve the marriage on the ground of irretrievable breakdown of marriage,” the bench, moreover comprising justices Sanjiv Khanna, A S Oka, Vikram Nath and J Okay Maheshwari, talked about.
The SC bench extra held that the six-month compulsory prepared interval for cases of divorce by mutual consent could also be discarded counting on circumstances enacted in earlier judgements.
The apex court docket docket delivered the choice on a batch of petitions relating to the prepare of its enormous powers beneath Article 142 of the Constitution to dissolve broken-down marriages between consenting {{couples}} with out referring them to family courts for protracted judicial proceedings to get the decree of separation.
(With inputs from PTI)
