Discretionary Powers of Supreme Court under Article 142
On 1st May, 2023, the Supreme Court (SC) ruled that it can invoke Article 142 of the Constitution to grant a divorce to a couple on the ground of “irretrievable breakdown of marriage”.
What SC Said?
- It said that granting a divorce would include both situations —where the couple want to part ways from each other through mutual consent as well as where one of the two partners seek divorce on the ground there is irretrievable breakdown of marriage, while the other opposes it.
- Also, in the exercise of this power, it would waive the mandatory six-month waiting period ....
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