Page 143 - Constitution Bench News Today

Following the Supreme Court order that it can dissolve a marriage on the ground of irretrievable breakdown and waive of 6-18 months waiting period for divorce, Advocate Geeta Luthra said that cases of matrimony must be decided much earlier because each day in a persons life is valuable.

The Bench, however, made it clear that the grant of divorce on the ground of irretrievable breakdown of marriage is not a matter of right, but a discretion which is to be exercised with great care and caution by courts.

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While holding that irretrievable breakdown of marriage can be a ground to grant divorce by invoking powers under Article 142 of the Constitution, the Supreme Court clarified that a party cannot file a...

The Supreme Court has said that it can grant divorce on the grounds of an irretrievable breakdown of the marriage.

The Court held that it has specified the factors on the basis of which a marriage can be held to be irretrievably broken down.

A constitution bench said that both sides have to agree to nullify the marriage. It also ruled that the six-month waiting p[period to apply for divorce under the Hindu Marriage Act can be done away with if both parties consent to it

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The court also held that it could waive the six-month waiting period, which is mandatory before a couple can approach a court seeking divorce by mutual consent, subject to conditions.

The original issue referred to the Constitution Bench was whether the mandatory waiting period for divorce by mutual consent as prescribed under Section 13B of the Hindu Marriage Act could be waived.