“We have held that the period of six months can be dispensed with subject to the requirements and conditions as specified in the two judgments of this court...,” a five-judge Constitution bench headed by Justice S K Kaul said
Supreme Court. File pic
The Supreme Court on Monday ruled it can invoke its special powers under Article 142 of the Constitution to dissolve a marriage on the ground of irretrievable breakdown.
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“We have held that the period of six months can be dispensed with subject to the requirements and conditions as specified in the two judgments of this court...,” a five-judge Constitution bench headed by Justice S K Kaul said.
The bench, also comprising justices Sanjiv Khanna, A S Oka, Vikram Nath and J K Maheshwari, was dealing with SC’s powers under Article 142 to dissolve a marriage between consenting parties without referring them to the family court to wait for the mandatory period prescribed under Section 13-B of the Hindu Marriage Act.
Article 142 of the Constitution grants the apex court the power of enforcement of decrees and orders to do “complete justice” in any matter pending before it.
The SC, however, clarified that parties concerned cannot move the high court or the apex court directly.
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When’s it broken down irretrievably:Factors to consider
. The period of time the parties had cohabited after marriage
. When the parties had last cohabited
. The nature of allegations made by the parties against each other and their family members
. The orders passed in the legal proceedings from time to time, and their cumulative impact on the personal relationship
. Whether, and how many attempts were made to settle the disputes by intervention of the court or through mediation, and when the last attempt was made, etc.
. The period of separation should be sufficiently long, and anything above six years or more will be a relevant factor
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