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Supreme Court's Landmark Order On Divorce!
By: Tupaki Desk | 1 May 2023 7:40 PM IST
The country's top court Supreme Court made some crucial comments on divorce and the comments the bench made can change the practice of how divorces are given and the waiting period of the couples for the divorces would also be done away. Quoting an Article, the bench said that this can be done.
The Five-judge Constitution bench of the Supreme Court comprising Sanjay Kishan Kaul, Sanjiv Khanna, AS Oka, Vikram Nath, and JK Maheshwari made crucial comments and said that subject to conditions, the mandatory waiting period of six months to get a divorce through mutual consent can be done away.
If the disputes between the couples are high and they cannot continue their relationship then the marriage can be dissolved under the grounds of "irretrievable breakdown of marriage". The orders can change the practice of how divorces are given in the nation.
The Apex court also said that under Article 142 which gives vast power to the court, the couples can be given divorce and the Section 13B of the Hindu Marriage Act can be amended with this and grant divorces to the consenting couples without following the waiting period. The bench said that under the special power it has the Supreme Court can complete the process and grant divorce.
Mutual Consent is a way of getting a divorce for couples. However, the couples have to stay together for six months so that they can figure out how to sort out the issues between them. This has been a standard practice for Hindu couples to get a divorce under the laws.
Section 13B of the Hindu Marriage Act talks about the conditions of getting a divorce. Under this, the consulting couples have to stay together for six months. Now the Supreme Court bench said that the practice can be done away with under special conditions when the couples are having issues and cannot stay together.
The Supreme Court gave the landmark verdict hearing a bunch of petitions that were filed asking if the top court can dissolve the marriage and grant the divorce without following the procedure using Article 142.
The Five-judge Constitution bench of the Supreme Court comprising Sanjay Kishan Kaul, Sanjiv Khanna, AS Oka, Vikram Nath, and JK Maheshwari made crucial comments and said that subject to conditions, the mandatory waiting period of six months to get a divorce through mutual consent can be done away.
If the disputes between the couples are high and they cannot continue their relationship then the marriage can be dissolved under the grounds of "irretrievable breakdown of marriage". The orders can change the practice of how divorces are given in the nation.
The Apex court also said that under Article 142 which gives vast power to the court, the couples can be given divorce and the Section 13B of the Hindu Marriage Act can be amended with this and grant divorces to the consenting couples without following the waiting period. The bench said that under the special power it has the Supreme Court can complete the process and grant divorce.
Mutual Consent is a way of getting a divorce for couples. However, the couples have to stay together for six months so that they can figure out how to sort out the issues between them. This has been a standard practice for Hindu couples to get a divorce under the laws.
Section 13B of the Hindu Marriage Act talks about the conditions of getting a divorce. Under this, the consulting couples have to stay together for six months. Now the Supreme Court bench said that the practice can be done away with under special conditions when the couples are having issues and cannot stay together.
The Supreme Court gave the landmark verdict hearing a bunch of petitions that were filed asking if the top court can dissolve the marriage and grant the divorce without following the procedure using Article 142.