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The Supreme Court said that the six month period prescribed under the Hindu Marriage Act can be dispensed with.
![[BREAKING] Supreme Court can grant divorce using Article 142 powers on irretrievable breakdown of marriage: Constitution Bench - Vimarsana News](https://gumlet.assettype.com/barandbench%2F2022-10%2Fce225392-e494-4dbc-aaa7-ba9b58cd4f6f%2FSupreme_Court__Couples.jpg?w=1200&auto=format%2Ccompress&ogImage=true&enlarge=true)
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.