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Page 2 - Divorce

Parties can't directly reach apex court, seek dissolution of marriage: SC

The Supreme Court said on Monday contesting parties cannot directly approach it and seek dissolution of marriage on the ground of irretrievable breakdown by filing a writ petition under Article 32 of the Constitution. A five-judge constitution bench headed by Justice S K Kaul, while referring to a top court verdict delivered earlier by a two-judge bench, said it was rightly held that any such attempt must be spurned and not accepted, as the parties should not be permitted to file a writ petition under Article 32 before the top court or under Article 226 before the high court seeking divorce on the ground of irretrievable breakdown of marriage. The reason is that the remedy of a person aggrieved by the decision of the competent judicial forum is to approach the superior tribunal/forum for redressal of his/her grievance. The parties should not be permitted to circumvent the procedure by resorting to the writ jurisdiction under Article 32 or 226 of the Constitution of India, as the case

Updated On : 01 May 2023 | 7:19 PM IST

SC says it can dissolve marriage on ground of irretrievable breakdown

The Supreme Court on Monday held that it can dissolve a marriage on the ground of irretrievable breakdown. A five-judge Constitution bench headed by Justice S K Kaul said the apex court is empowered under Article 142 of the Constitution to do complete justice. Article 142 of the Constitution deals with the enforcement of decrees and orders of the apex court to do "complete justice" in any matter pending before it. "We have. held that it is possible for this court to dissolve the marriage on the ground of irretrievable breakdown of marriage," the bench, also comprising justices Sanjiv Khanna, A S Oka, Vikram Nath and J K Maheshwari, said. The apex court delivered the verdict on a batch of petitions relating to the exercise of its vast powers under Article 142 of the Constitution to dissolve broken-down marriages between consenting couples without referring them to family courts for protracted judicial proceedings to get the decree of separation.