Page 3 - Article 142 News Today

The Supreme Court said that the six month period prescribed under the Hindu Marriage Act can be dispensed with.

The issues involved were whether the Supreme Court could exercise its powers under Article 142 of the Constitution to dissolve a marriage and the broad parameters of such powers.

The SC bench further held that the six-month mandatory waiting period for cases of divorce by mutual consent can be discarded depending on conditions enacted in previous judgements.

The Bench stated that it does wish to explicitly codify the factors, lest it curtail the exercise of powers under Article 142(1) of the Constitution in a specific situation.

A Constitution Bench of Justices Sanjay Kishan Kaul, Sanjiv Khanna, Abhay S Oka, Vikram Nath and JK Maheshwari held that the six-month period prescribed under the Hindu Marriage Act can be dispensed with.

While the parties can approach the family courts for initiation of divorce proceedings, this process is often time-consuming and lengthy, owing to a large number of similar cases pending before such courts.

A five-judge Constitution bench headed by Justice Sanjay Kishan Kaul ruled that the six month period prescribed under Hindu Marriage Act can be dispensed with

The Court dismissed a transfer petition filed by the wife seeking transfer of the divorce proceedings filed by the husband from a family court in Mangaluru to one in Mumbai.

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The Bench was listening to a petition filed by a wife seeking to be allowed to give a shot at her marriage, while her husband sought invocation of the top court's Article 142 powers to quash the marriage