“Article 142 Gives Supreme Court Power to Terminate Marriages Immediately, Says Bench”
NEW DELHI: According to a recent ruling by a five-member constitutional bench of the Supreme Court, the court has the power to dissolve a marriage immediately if the relationship is deemed irreparable. In such cases, the bench determined that there is no requirement to abide by the waiting period rules outlined in the marriage law.
Justice Sanjay Kishan Kaul said, “Article 142 should be seen with fundamental rights. We believe that the waiting period of six months can be done away with under the law of marriage. If the relationship is such that it cannot be improved, then that marriage can be terminated immediately.
“In exercise of the privilege conferred under Article 142, the court will allow instant divorce in this case so that justice can be done in the matter.”
The Supreme Court ruling, which was based on the principle of ensuring justice in such cases, is a significant departure from the current laws governing divorce in India. The current law, which is based on the Hindu Marriage Act of 1955, requires a couple to wait for a minimum period of six months before seeking divorce.