New Delhi: A major decision of the Supreme Court regarding divorce has come to the fore. The Constitution Bench of the Supreme Court said that where there is no scope for improvement in the relationship, it can approve divorce in such cases. The Constitution Bench of the Supreme Court has said in its decision that the Supreme Court can give such approval using its special powers under Article 142 of the Constitution. In cases of a definite breakdown of marriage, the couple need not wait for the requisite waiting period. According to the existing marriage laws, despite the consent of the husband and wife, earlier the Family Courts give time to reconsider both parties within a time limit.
A constitution bench of Justices Sanjay Kishan Kaul, Justices Sanjiv Khanna, AS Oka, Vikram Nath, and JK Maheshwari said that ‘we have also laid down the factors which can decide when a marriage has completely broken down’. It has also explained how to balance the interests, especially with regard to maintenance, alimony, and the rights of the children. After completing the hearing on September 29, 2022, this five-judge bench reserved its decision on the matter. While reserving its order, the Supreme Court acknowledged that social changes may take some time and that implementing new laws may be easier than persuading society to adopt them. However, along with this, the Supreme Court also accepted the important role of families in marriages in India.
The original issue referred to by the Constitution Bench was whether couples seeking divorce by mutual consent were required to observe the mandatory waiting period prescribed under Section 13B of the Hindu Marriage Act. Or it can be waived by the Supreme Court using its vast powers under Article 142. Due to this divorce should be approved between such consensual couples who have gone to the family court for lengthy judicial proceedings to obtain divorce, where there is no scope for improvement in the relationship. However, during the hearing, the Constitution Bench decided to consider the issue of whether marriages can be dissolved on the ground of definite breakdown.
