In a landmark judgment, the Supreme Court on Monday said that it has the discretion to dissolve a marriage on the ground of “irretrievable breakdown”. This can be done through exercising of its power under Article 142 (1) of the Constitution.
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.
Section 13-B of the Hindu Marriage Act tackles divorce by mutual consent and sub-section (2) to this provision provides, after the first motion has been passed, the parties would have to move the court with the second motion, if the petition is not withdrawn in the meanwhile, after six months and not later than 18 months of the first motion.
A petition for divorce by mutual consent can be moved only after a year of the marriage. However, Section 14 of the HMA allows a divorce petition sooner in case of “exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent”.
People start trolling this verdict as they think it would increase Divorce Rate in India.
