1 May 2023

Supreme Court Said A Big Thing On Divorce Within Six Months

New Delhi: Many times the relationship between husband and wife gets sour. The sourness does not go away despite a lot of efforts. In such a situation, they do not like to be with each other. The matter reaches to divorce and many a times there is a lot of delay in getting their divorce even though they want to. 

Regarding such matters, the apex court of the country has said a very important thing while hearing a case on Monday.

The Supreme Court said a big thing on Monday regarding the relationship between husband and wife. The court said that if the rift in the relationship between husband and wife is not being filled, then there is no point in living together. In such a situation, if the bitterness in the relationship is not ending even after efforts, then divorce can be taken even without waiting for 6 months.

Five judges bench heard

On Monday, a five-member bench headed by Justice SK Kaul, while hearing a case, said that the court has every right to do justice under Article 142 of the Constitution. The court said that under Article 142, the court has the right to dissolve the marriage with the mutual consent of the husband and wife. 

Article 142 provides discretionary power to SC

The bench said that it is not necessary for the newly married couple to wait for 6 months if they want to break the relationship. Even after efforts, there is no mutual agreement and if they want to take divorce, they can take divorce without waiting for six months. Article 142 provides discretionary power to the Supreme Court as it states that the SC in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it

There have been many such decisions in past as well

It is worth mentioning here that even before this, using its powers under Article 142 of the Constitution, the Court has given such decisions on many petitions. The bench said that we have given such a system for the courts that if any sourness in married relations is not being converted into sweetness, then the relationship can be dissolved before 6-month waiting period . The bench also comprised Justice Sanjiv Khanna, Justice AS Oka, Justice Vikramnath and Justice JK Maheshwari.

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