In a major ruling today, the Supreme Court has declared that marriages can be dissolved on the grounds of “irretrievable breakdown of marriage” under Article 142. Additionally, the mandatory waiting period of six months for divorce by mutual consent can be waived, but subject to certain conditions.
The court has also provided guidelines for determining when there is an irretrievable breakdown of marriage, as well as for balancing the interests of the parties involved, including maintenance, alimony, and the rights of children.
Background
Originally, the case referred to the Constitution Bench was about whether the mandatory waiting period for divorce by mutual consent could be waived by the Supreme Court. However, during the hearing, the court decided to consider whether marriages could be dissolved on the ground of irretrievable breakdown.
The Constitution Bench emphasized that Article 142 must be considered in light of fundamental rights and should not violate the Constitution’s non-derogable functions. The court is empowered to provide complete justice under this article.
Article 142 deals with the enforcement of orders and decrees of the top court to provide complete justice in any matter before it.
This case was referred to a five-judge bench seven years ago by a Division Bench of Justices Shiva Kirti Singh and R Banumathi in a transfer petition. After hearing arguments, the Constitution Bench reserved its judgment on September 29, 2022. This ruling will have significant implications for divorce proceedings in the future.
Implications of the Ruling
The Supreme Court’s decision to allow dissolution of marriages on the ground of “irretrievable breakdown” has been widely welcomed by legal experts and activists. Many have argued that the mandatory waiting period of six months for divorce through mutual consent was often a source of unnecessary delay and hardship for couples seeking to separate amicably.
The Court’s ruling is seen as a step towards reducing the backlog of divorce cases in family courts and enabling couples to move on with their lives more quickly. However, some have expressed concerns about the potential misuse of the new provision, which may allow one party to unilaterally seek a divorce without proper consideration of the impact on the other party or the children of the marriage.
The court’s guidelines for balancing the interests of the parties involved, including maintenance, alimony, and the rights of children, will be crucial in ensuring that the new provision is not misused. The court has also provided a framework for determining when there is an irretrievable breakdown of marriage, which will be helpful in guiding future decisions.
Overall, the Supreme Court’s ruling represents a significant shift in the legal landscape of divorce in India. It is expected to simplify and streamline the divorce process, making it easier for couples to end their marriages and move on with their lives. At the same time, it will be important to ensure that the new provision is not misused and that the interests of all parties involved are adequately protected.
New Stories:
-
BRS Leaders Held Protest Over CM Revanth’s Comments On BRS Women Leaders
BRS leaders staged protest condemning the objectionable comments made by Chief Minister A Revanth Reddy against senior women BRS leaders P Sabitha Indra Reddy and V Sunitha Lakshma Reddy.
-
Strict Action Against People Who Collect Parking Fees Against Rules: GHMC Commissioner
GHMC Commissioner Amrapali Kata said that action has been taken against the malls and multiplexes that are charging parking fees contrary to the rules within the GHMC.
-
Osmania University Rescheduled Telangana SET
Osmania University on Thursday rescheduled the Telangana State Eligibility Test (TG SET), which will now be conducted from September 10 to 13.
-
Heavy Rains Warning In Telangana
The Indian Meteorological Department, (IMD) Hyderabad Center has warned that heavy rains will occur in many districts of Telangana state.
-
Four People Involved In Dacoity Offence Arrested
Maidardevpally and CCS Rajendra Nagar teams proceeded and apprehended the four offenders at Sasthripuram at Sasthripuram namely 1. Aqeel, 2. Adnan, 3. Mohd Saif, 4. Moshin
-
Govt Aims to Make Women Millionaires In Next 5 Years: Additional Commissioner Chandrakant Reddy
Additional Commissioner Chandrakant Reddy said that the government aims to make women millionaires in the next five years through the Mahila Shakti scheme.
-
Sister And Younger Brother Gone Missing From Gachibowli
A troubling case has emerged from Gachibowli, where a sister and her younger brother have gone missing.
-
Monsoon Rain Returns In Hyderabad
Rain has been started again in Hyderabad city. It has been raining continuously for the past two days.
-
Police Issued A Traffic Advisory In Hyderabad
The Hyderabad Traffic Police has issued an advisory to manage traffic flow during the ongoing construction of the Amberpet flyover on the National Highway (NH-163).
-
Nipah Virus Kills 14-Year-Old Boy In Kerala
The Union government on Sunday informed that a case of Nipah virus has been detected in Mallapuram district of Kerala and the patient succumbed to the disease.
Now you can get the latest stories from Hydnow every day. Click the link to subscribe. Click to follow Hydnow’s Facebook page and Twitter and Instagram