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Supreme Court on consensual divorce
May 6 , 2023
571 days
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- Supreme Court ruled that it can dissolve a marriage on the grounds of "irretrievable breakdown" by invoking its special powers under Article 142 of the Constitution.
- The Bench led by Justice S K Kaul held that the court could waive the mandatory six-month waiting period for divorce under The Hindu Marriage Act (HMA), 1955.
- Section 13B of the HMA provides for “divorce by mutual consent”.
- The mandatory six-month wait is intended to give the parties time to withdraw their plea.
- 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.
- As per Article 142(1), a decree passed or an order made by the apex court is executable throughout the territory of India.
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