Divorce is a complex and emotionally charged process that can have long-lasting effects on individuals and families. In India, divorce law is governed by the Hindu Marriage Act, 1955, which allows for both contested and uncontested divorce. However, until recently, divorce based on irretrievable breakdown was not recognized under Indian law. In this blog post, we will discuss the Supreme Court's order on divorce irretrievable breakdown Article 142 and what it means for divorce proceedings in India.
Introduction
The Supreme Court of India recently passed a landmark judgment on divorce cases in the country. The judgment, delivered on August 11, 2020, allows divorce to be granted on the basis of "irretrievable breakdown of marriage" under Article 142 of the Indian Constitution. This decision is expected to have significant implications for divorce cases in India, and it's important for people to understand what it means.
Traditionally, divorce in India has been granted only under certain circumstances, such as cruelty, adultery, and desertion. The process can be lengthy and complicated, and in many cases, it requires one spouse to prove that the other is at fault. This has often led to bitter and acrimonious court battles that can take years to resolve.
Under the new Supreme Court ruling, however, divorce can be granted even if one spouse does not want it, provided that the marriage has irretrievably broken down. This means that the court can dissolve the marriage on the grounds that there is no chance of reconciliation, even if there is no evidence of fault on either side.
What is Article 142?
Article 142 of the Indian Constitution is a powerful provision that gives the Supreme Court the authority to pass any order necessary to do "complete justice" in any case. This means that the court can use this provision to pass orders that go beyond the ordinary laws and rules, if it feels that doing so is necessary to ensure that justice is served. This provision is often used in cases where there is no specific law or rule to address a particular situation, or where the existing laws and rules are inadequate. The court's use of Article 142 is generally guided by the principle of equity, which means that it aims to provide fair and just solutions to the parties involved in a case.
However, it's important to note that the court's use of Article 142 is discretionary, and it's up to the court to decide when and how to use this provision.
This decision is expected to make divorce proceedings in India faster, simpler, and less acrimonious. It will also give people more control over their own lives and allow them to move on from unhappy marriages more easily.
Points to Remember
However, it's important to note that this decision does not mean that divorce will be granted automatically in all cases of irretrievable breakdown of marriage.
The court will still have to consider each case on its own merits and ensure that the interests of both parties, especially those of any children involved, are protected.
However, it's important to note that the Supreme Court's order is not a law or an amendment to the Hindu Marriage Act.
It is an order passed under Article 142, which means that it applies only to the specific case before the court.
Conclusion
In conclusion, the Supreme Court's decision to allow divorce on the basis of irretrievable breakdown of marriage is a significant step forward for divorce law in India. It is expected to make the process simpler and less acrimonious, and to give people more control over their own lives. However, it's important for people to understand that divorce will still be granted only after careful consideration by the court, and that the interests of all parties will be taken into account. For more information on this matter, feel free to contact us anytime on given details.
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