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Supreme Court On 6-Month Waiting Period For Divorce: Marriage is an arrangement to sanction the relationship of two persons. Either take seven rounds or accept the conditions in front of the Qazi or bind this bond in the Gurdwara and Church. It is a bond in which two people decide to live together and spend their next life together respecting each other.
But conditions are not always favorable. Sometimes the circumstances are such that these two people decide to separate. In such a situation when husband and wife do not want to live together and they have to wait for 6 months even for divorce with mutual consent. But that is not the case now… the Supreme Court has set some conditions for this.
The Supreme Court on Monday, May 1, said that it can use the powers under Article 142 to dissolve a marriage with immediate effect. This is necessary if the relationship between two people has deteriorated to such an extent that they cannot be repaired again. The Supreme Court said that the demand for divorce can be terminated with immediate effect by mutual consent of two people. There are certain conditions for this.
On this issue, the Constitution Bench said that we have laid down certain factors, which indicate that there are so many reasons for the breakdown of marriage that it cannot be saved. The constitution bench consisted of Justice Sanjay Kishan Kaul, Justice Sanjeevan Khanna, Justice AS Oka, Justice Vikram Nath and Justice JK Maheshwari. The bench also paid special attention to how to strike an equitable balance with regard to maintenance, alimony and rights of children.
The matter came up for hearing before the Constitution Bench of the Supreme Court. It asked the Supreme Court whether the waiting period of 6 months can be reduced in case of divorce by mutual consent under Section 13B of the Hindu Marriage Act. It was asked whether the Supreme Court can reduce or abolish this waiting period by using the powers given in Article 142. It was asked whether a marriage can be dissolved by mutual consent without going to the family court and waiting. However, during the hearing, the constitutional bench heard about such a situation, in which the marriage relationship deteriorated to such an extent that it could not be restored.
The Constitution Bench said that Article 142 should be viewed keeping in mind the fundamental rights. The court should decide on this and we have the right to do justice with full force. Article 142 of the Constitution deals with doing full justice in any pending case and full implementation of orders of the Supreme Court.
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