SC Likely To Pronounce Verdict On Marriage Dissolution Without Referring To Family Courts Today
The Supreme Court is expected to rule on the use of its broad powers under Article 142 to dissolve broken-down marriages between consenting couples without referring them to family courts.
The Supreme Court is expected to rule on a slew 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 lengthy judicial proceedings to obtain divorce decrees on Monday. A five-judge Constitution bench led by Justice S K Kaul is also expected to rule on whether the top court's sweeping powers under the provision are hampered in any way when a marriage has irretrievably broken down in the opinion of the court but one of the parties is resisting divorce.
Article 142 of the Constitution deals with the enforcement of the Supreme Court's decrees and orders to do "complete justice" in any matter before it.
The bench, which also includes justices Sanjiv Khanna, A S Oka, Vikram Nath, and J K Maheshwari, will deliver the verdict at 10.30 am on Monday, according to the apex court website. Justice Khanna is expected to deliver the verdict on behalf of the bench, which reserved its decision on five petitions, including the lead one filed by Shilpa Sailesh in 2014.
SOCIAL CHANGES TAKE 'A LITTLE TIME': SC WHILE RESERVING ORDER IN THE MATTER
While reserving its order, the court stated that social changes take "a little time," and that it is sometimes easier to pass legislation but more difficult to persuade society to change with it.
The Supreme Court acknowledged the significant role that families play in Indian marriages. Two questions were previously referred to the Constitution bench, including whether the exercise of such jurisdiction by the SC under Article 142 should be made at all or whether such exercise should be left to be determined on the facts of each case.
One of the questions raised is what the broad parameters for exercising powers under Article 142 of the Constitution to dissolve a marriage between consenting parties without referring the parties to the family court to wait for the mandatory period prescribed under Section 13-B of the Hindu Marriage Act could be.
On September 20, the Supreme Court stated, "We do believe that another question which would require consideration would be whether the power under Article 142 of the Constitution of India is inhibited in any manner in a scenario where there is an irretrievable breakdown of marriage in the opinion of the court but one of the parties is not consenting to the terms." After using its broad powers under Article 142 to annul "irretrievably broken marriages" for more than two decades, the Supreme Court agreed in September last year to investigate whether it can nullify marriages between estranged couples without both partners' consent.
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