The Supreme Court has become the last resort of the aggrieved spouses to obtain the dissolution of the marriage, as the irretrievable breakdown of the marriage has not received legal baking as grounds for granting divorce by amending the law despite repeated recommendations from the legal commission since 1978. The Supreme court has invoked over the years its special power under article 142 of the Constitution of India to grant divorce in cases where the marriages have been irretrievably broken.
In the latest Judgement on the dissolution of marriage, Supreme Court used its jurisdiction under Article 142 of the Constitution of India and did justice and granted the divorce since the husband and wife had been living separately for the last 16 years and the marriage was practically lifeless.
As the opposing parties in both cases opposed the dissolution of the marriage despite having lived apart for years, the Apex cut invoked Article 142 and said that the courts can dissolve a marriage as irretrievably broken only when it is impossible to save the marriage, all efforts have been made in that regard, the Court is convinced that in reality there is no possibility that the marriage survives and is broken beyond repair.
“Therefore, this is a suitable case for the exercise of jurisdiction under Article 142 of the Constitution of India. The marriage between the parties is dissolved,” the court said. The court also asked the husband to pay 25 lakh rupees to the wife as a complete and final settlement.
What is article 142 of the Indian constitution? Article 142 of the Constitution allows the Supreme Court to pass any order necessary for doing complete justice in any cause or matter pending before. it supersedes the power of the executive and legislature for maintaining stability in the country, protecting the rights of people.
Author: Nileswar Roy