Supreme Court.
Supreme Court.
New Delhi:The Supreme Court on Monday gave an important verdict regarding divorce. The Supreme Court has said that if the husband-wife relationship has broken down and there is no scope for reconciliation, it can grant divorce under Article 142 of the Constitution of India without referring it to the Family Court. Now waiting for six months will not be mandatory.
The Supreme Court on Monday held that it can exercise its prerogatives under Article 142 of the Constitution to dissolve a marriage on the ground of irreconcilable rift between the spouses. Article 142 of the Constitution deals with the implementation of the orders of the apex court for doing ‘complete justice’ in any matter pending before it. A five-judge bench headed by Justice SK Kaul said, “We, in line with our findings, have held that it is possible for this court to dissolve a marital relationship on the ground of irreparability.” It will not be in violation of specific or basic principles of government policy. The bench also comprised Justice Sanjiv Khanna, Justice AS Oka, Justice Vikramnath and Justice JK Maheshwari. Justice Khanna, speaking for the bench, said, “We have said that a period of six months can be granted depending on the requirements and conditions mentioned in the two judgments of this court.” The apex court had reserved its judgment in the matter on September 29 last year.
Hearing the arguments, it said that social changes take some time and sometimes it is easy to enact a law but it is difficult to persuade the society to change with it. The bench was also considering whether its comprehensive powers under Article 142 are in any way curtailed in a scenario where, in the opinion of a court, the marital relationship has broken down in such a way that there is no likelihood of reunification but One of the parties is creating obstruction in the divorce.
what is article 142
Article 142 gives discretionary power to the Supreme Court. It states that the Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as may be necessary for doing complete justice in any cause or matter pending before it.
Women’s Commission expressed happiness
The National Commission for Women has expressed happiness over the removal of the waiting period of 6 months for divorce by mutual consent by the Supreme Court under certain conditions. The National Commission for Women says that this decision will give women a chance to move forward in life.
Here, the Calcutta High Court said that living in by saying that you are married is not cheating.
Kolkata. Calcutta High Court has given a big decision on live in relationship. The court has said that if a man enters into a live-in relationship with someone by telling about his married life, it will not be considered as cheating. The High Court in its recent judgment has set aside a trial court order which imposed a fine of Rs 10 lakh on a man for ‘cheating’ with his live-in partner. The man was alleged to have lived in a live-in for 11 months and then reneged on his promise to marry, ending the relationship. Justice Siddharth Roy Chowdhary, in his judgment, said that if a man ends his married life It also brings an uncertainty in the live-in relationship. If the aggrieved woman accepts this uncertainty with all her heart at the very beginning of the live-in relationship, then it will not be considered as ‘cheating’. The High Court observed that if ‘any fact has not been concealed, the same cannot be proved under Section 415 of the IPC, from which the allegation of cheating is made’.
