SC can grant divorce without 6-month wait

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 breakdownldquoWe 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 courtrdquo a fivejudge Constitution bench headed by Justice S K Kaul saidThe bench also comprising justices Sanjiv Khanna A S Oka Vikram Nath and J K Maheshwari was dealing with SCrsquos 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 13B of the Hindu Marriage ActArticle 142 of the Constitution grants the apex court the power of enforcement of decrees and orders to do ldquocomplete justicerdquo in any matter pending before itThe SC however clarified that parties concerned cannot move the high court or the apex court directlyAlso Read Supreme Court commutes death penalty of man convicted of murdering two including sisterWhenrsquos it broken down irretrievablyFactors 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 factorThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever