Tag: Divorce Laws

  • SC says it could possibly dissolve marriage on grounds of ‘irretrievable breakdown’

    Through On-line Table

    NEW DELHI: India’s best court docketĀ on Monday held that it could possibly dissolve a wedding at the flooring of “irretrievable breakdown.”

    A five-judge Charter bench headed through Justice S Okay Kaul stated the apex court docket is empowered underneath Article 142 of the Charter to do whole justice.

    Article 142 of the Charter offers with the enforcement of decrees and orders of the apex court docket to do “whole justice” in any subject pending earlier than it.

    “We’ve held that it’s imaginable for this court docket to dissolve the wedding at the flooring of irretrievable breakdown of marriage,” the bench, additionally comprising justices Sanjiv Khanna, A S Oka, Vikram Nath and J Okay Maheshwari, stated.

    The SC bench additional held that the six-month necessary ready length for circumstances of divorce through mutual consent can also be discarded relying on prerequisites enacted in earlier judgements.

    The apex court docket delivered the decision on a batch of petitions in terms of the workout of its huge powers underneath Article 142 of the Charter to dissolve broken-down marriages between consenting {couples} with out referring them to circle of relatives courts for protracted judicial court cases to get the decree of separation.

    (With inputs from PTI)

    NEW DELHI: India’s best court docketĀ on Monday held that it could possibly dissolve a wedding at the flooring of “irretrievable breakdown.”

    A five-judge Charter bench headed through Justice S Okay Kaul stated the apex court docket is empowered underneath Article 142 of the Charter to do whole justice.

    Article 142 of the Charter offers with the enforcement of decrees and orders of the apex court docket to do “whole justice” in any subject pending earlier than it.googletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );

    “We’ve held that it’s imaginable for this court docket to dissolve the wedding at the flooring of irretrievable breakdown of marriage,” the bench, additionally comprising justices Sanjiv Khanna, A S Oka, Vikram Nath and J Okay Maheshwari, stated.

    The SC bench additional held that the six-month necessary ready length for circumstances of divorce through mutual consent can also be discarded relying on prerequisites enacted in earlier judgements.

    The apex court docket delivered the decision on a batch of petitions in terms of the workout of its huge powers underneath Article 142 of the Charter to dissolve broken-down marriages between consenting {couples} with out referring them to circle of relatives courts for protracted judicial court cases to get the decree of separation.

    (With inputs from PTI)