{"id":292691,"date":"2023-05-20T11:00:40","date_gmt":"2023-05-20T05:30:40","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=292691"},"modified":"2023-05-24T17:29:17","modified_gmt":"2023-05-24T11:59:17","slug":"supreme-court-grants-divorce-under-article-142-of-the-constitution-irretrievable-breakdown-of-marriage","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2023\/05\/20\/supreme-court-grants-divorce-under-article-142-of-the-constitution-irretrievable-breakdown-of-marriage\/","title":{"rendered":"Irretrievable breakdown of marriage | Supreme Court invokes Article 142 of the Constitution to grant mutual consent divorce"},"content":{"rendered":"
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Supreme Court<\/span>: When a woman approached the Supreme Court seeking transfer of divorce petition under the Hindu Marriage Act, from Indore to Lucknow, the bench of Sanjay Kishan Kaul and Ahsanuddin Amanullah*, JJ noticed that the parties have suffered an irretrievable breakdown of marriage and hence, in order provide complete justice, the Court exercised the power under Article 142<\/a> of the Constitution of India<\/a> to grant mutual consent divorce to the parties. The Court also closed all cases filed by the parties against each other.<\/p>\n

It is important to note that, on 01-05-2023<\/a>, a 5-judge Constitution Bench had held that the Supreme Court has the power to dissolve a marriage on the ground of irretrievable breakdown under Article 142(1) of the Constitution<\/a> and that it can dissolve a marriage by mutual consent without following the procedural requirement of a second motion.<\/p>\n

Irretrievable Breakdown of Marriage: Decoding Supreme Court judgment on grant of divorce under Article 142 of Constitution; waiver of 6 month’s cooling off period<\/a><\/p><\/blockquote>\n