The Supreme Court’s five-judge Constitution panel ruled that it can terminate a marriage based on irreversible breakdown. In this article, we discuss the Supreme Court’s ruling on divorce and the use of Article 142 in this matter. This topic is relevant for the IAS exam polity and governance segment.
Supreme Court Judgement on Divorce
The Constitution Bench ruled that the SC can grant divorce couples on the ground that the marriage had broken down irretrievably, without referring the parties to a family court where they must wait 6-18 months for a decree of divorce by mutual consent. It said that it can exercise its plenary power to do “complete justice” under Article 142(1) of the Indian Constitution.
What is the current procedure for divorce under the Hindu Marriage Act?
- The Hindu Marriage Act provides for “divorce by mutual consent” in Section 13B.
- Both parties to the marriage must file a joint petition with the district court “on the grounds that they have been living separately for a period of one year or more, that they have been unable to live together, and that they have mutually agreed that the marriage should be dissolved.”
- The six-month waiting period is intended to allow the parties time to retract their plea.
- A waiver of the six-month waiting period under Section 13B(2) can be requested in a family court exemption application.
- Due to the enormous number of identical cases waiting before family courts, obtaining a divorce order is frequently time-consuming and lengthy.
What factors can courts consider while deciding if a marriage has irretrievably broken down?
- The Supreme Court declared that, in accordance with Article 142 of the Constitution, it will decide what guidelines should be followed for dissolving marriages.
- The court must be thoroughly convinced and satisfied that the marriage is completely unsustainable, emotionally dead, and beyond salvation, and that, as a result, dissolution of marriage is the only viable option.
What is Article 142 of the Constitution?
- Article 142 gives the Supreme Court the unique power to perform “complete justice” between the parties when the law or statute does not afford a remedy.
- In such cases, the Court may go above and beyond to resolve a disagreement in a manner appropriate to the facts of the case.
Study Article 142 (History, Uses, Scope) in detail here!
What is the criticism of Article 142 and how have courts countered it?
- The definition of “complete justice” is a subjective exercise that varies with the situation. As a result, the court must put checks in place.
- The court also stated that the separation period should be lengthy enough, and that “anything above six years or more will be a relevant factor.”
- The broad extent of these authorities has led to accusations that they are arbitrary and imprecise.
- It is further maintained that because there is no conventional definition for the term “complete justice,” the Court has broad authority, which allows for arbitrary exercise or misuse.
Supreme Court Ruling on Divorce [Article 142]:- Download PDF Here
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