Divorce can be approved under Article 142 if there is no scope left to fill the rift in the relationship between husband and wife.
New Delhi. The Supreme Court has given a historic verdict in the divorce case on Monday. The court said that if there is no scope left for filling the rift in the relationship between husband and wife through mutual reconciliation, it can grant divorce under Article 142 of the Constitution. There will be no mandatory waiting period of six months for this.
Article 142 of the Constitution deals with the implementation of the orders of the apex court for doing complete justice in any matter pending before it. The ground of irreconcilable breakdown for dissolution of marriage is not yet included in the Hindu Marriage Act. A five-judge bench headed by Justice SK Kaul said, “We, as per our findings, have held that it is possible for this court to dissolve a marital relationship on the ground of irreparability.” It is not a violation of specific or basic principles of any government policy
