A Constitution bench ruled that Supreme Court can dissolve a marriage on the ground of irretrievable breakdown by dispensing with the need for the waiting period as required under the marital laws.

The Supreme Court's five-judge Constitution bench held that it could dissolve a marriage on the ground of irretrievable breakdown of the marriage by invoking special power granted to it under Article 143 of the Constitution and the mandatory waiting period of six months for divorce through mutual consent can be dispensed with subject to conditions.

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. The decision has been taken to dissolve the broken-down marriages between consenting couples without referring them to family courts for extended judicial proceedings to get the decree of separation. That will not also contradict with the fundamental principles of public policy.

The Court also held that it has specified out factors that can define a marriage on lines of 'irretrievable breakdown' also taking into consideration about equities specifically related to the maintenance and alimony rights of the children.

This mandatory waiting period before divorce prescribed under Section 13 of the Hindu Marriage Act was into the discussion before also whether it could be waived or not.

It may also be noted that the basis to dissolve such marriages can be construed as the ground of 'cruelty' which has been judicially interpreted to include mental cruelty.

Every relationship is always a mutual affair and that of consent. It can't be forced. This landmark judgment will now save the relationships from getting badly shredded into pieces as early separation is now possible.

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Reference:

• hindustantimes.com
• indiatoday.in