The Constitutional Bench of the Supreme Court gave an important verdict on divorce on Monday. The Supreme Court on Monday said that if the husband-wife relationship has broken down and there is no scope for reconciliation, it can grant divorce under Article 142 of the Constitution of India without referring it to a family court. For this, waiting of 6 months will not be mandatory.
The Supreme Court said that it has laid down the factors on the basis of which a marriage can be considered beyond the possibility of reconciliation. Along with this, the court will also ensure that how will there be equality between husband and wife? This includes maintenance, alimony and custody of children.
In fact, the issue was referred to a Constitution Bench to consider whether the waiting period for divorce by mutual consent can be waived under Section 13B of the Hindu Marriage Act? However, the bench also decided to consider whether the marriage can be dissolved if there is no scope for reconciliation?
The matter was referred by the Division Bench to a five-judge Constitution Bench on June 29, 2016. After a long hearing on five petitions, the bench reserved its decision on 20 September 2022. The Court had then said that social change takes little and sometimes it is easy to bring a law, but it is difficult to persuade the society to change with it.
