The Supreme Court today held that it can exercise its plenary powers under Article 142 of the Constitution to grant a decree of divorce to consenting parties, in cases of irretrievable breakdown of marriage.&nbsp;<br />''<br />''A Constitution Bench of Justices Sanjay Kishan Kaul and others held that the six month period prescribed under the Hindu Marriage Act can be dispensed with. <br />''<br />''The verdict came in a batch of petitions concerning the use of the top court's plenary powers to dissolve a marriage between consenting parties without referral to family courts to wait for the mandatory period prescribed under Section 13-B of the Hindu Marriage Act. Article 142 empowers the apex court to pass decrees and orders which are necessary for &quot;doing complete justice&quot; in any cause or matter pending before it.&nbsp;<br />''<br />''The case was referred to a five-judge Bench nearly five years ago on June 29, 2016 by a Division Bench of Justices Shiva Kirti Singh and R Banumathi (both retired) in a transfer petition.<br />''&nbsp;<br />''After hearing arguments, the Constitution Bench had reserved its judgment on September 29, 2022.<br />
News On AIR | May 1, 2023 9:23 PM
Supreme Court rules, it can grant divorce to consenting parties if marriage is irretrievably broken