Can Marriage Be Dissolved By The Supreme Court In Exercise Of Its Powers Under Article 142? Hearing Concludes, Judgement Reserved
2 years, 5 months ago

Can Marriage Be Dissolved By The Supreme Court In Exercise Of Its Powers Under Article 142? Hearing Concludes, Judgement Reserved

Live Law  

A Constitution Bench of the Supreme Court on Thursday reserved judgment on a batch of petitions raising common questions of law, namely, whether it could exercise its powers under Article 142 to dissolve a marriage, what were the broad parameters to exercise such power, and whether the invocation of such extraordinary powers was allowed in the absence of the mutual consent of the parties. Although the disputes were conclusively adjudicated, the case was kept alive, as questions of seminal importance had been raised, and in light of "the huge number of requests for exercise of power under Article 142". The High Court and the family court could dissolve a marriage on that ground only if specifically pleaded, Giri submitted, but the Supreme Court could exercise its omnibus powers under Article 142 even in the absence of an allegation pertaining to 'mental cruelty'. Arora contended that the Supreme Court was not bound by statutory law once it activated its extraordinary jurisdiction under Article 142, which she said, embodied the notions of justice, equity and good conscience.

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History of this topic

Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court
Trending News
2 months, 3 weeks ago

Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court

Live Law  

The Supreme Court has observed that prolonged separation, coupled with inability to reconcline, can be a relevant factor to decide matrimonial disputes, when marriage has become a mere legal formality dovid of mutual trust and companionship. The evidence in the present case points unequivocally to an irretrievable breakdown of the marriage, the Court noted, given the legal disputes between the …

Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court
Trending News
2 months, 3 weeks ago

Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court

Live Law  

The Supreme Court has observed that prolonged separation, coupled with inability to reconcline, can be a relevant factor to decide matrimonial disputes, when marriage has become a mere legal formality dovid of mutual trust and companionship. The evidence in the present case points unequivocally to an irretrievable breakdown of the marriage, the Court noted, given the legal disputes between the …

Irretrievable breakdown a ground to dissolve marriage under Article 142: SC
1 year, 10 months ago

Irretrievable breakdown a ground to dissolve marriage under Article 142: SC

Deccan Chronicle  

New Delhi: The Supreme Court on Monday ruled it can invoke its special powers under Article 142 of the Constitution to dissolve a marriage on the ground of irretrievable breakdown. The bench, also comprising justices Sanjiv Khanna, A S Oka, Vikram Nath and J K Maheshwari, was dealing with more than one set of questions including what could be the …

Divorce can be granted on ‘grounds of irretrievable breakdown’: Supreme Court
1 year, 10 months ago

Divorce can be granted on ‘grounds of irretrievable breakdown’: Supreme Court

The Hindu  

The Supreme Court on May 1 held its extraordinary discretion under Article 142 of the Constitution can be used to do “complete justice” for couples trapped in bitter marriages by granting them divorce by mutual consent, thus sparing them the “misery” of waiting for six to 18 months for a local court to declare the annulment final. Taking this logic …

SC verdict likely on May 1 on dissolution of marriage without referring to courts
1 year, 10 months ago

SC verdict likely on May 1 on dissolution of marriage without referring to courts

Deccan Chronicle  

New Delhi: The Supreme Court will likely pronounce on May 1 its verdict on broad parameters for exercising its vast powers under Article 142 of the Constitution to dissolve marriages between consenting couples without referring them to family courts. One of the questions, which has been referred to it is what could be the broad parameters for the exercise of …

SC verdict likely on May 1 on dissolution of marriage without referring to family courts
1 year, 10 months ago

SC verdict likely on May 1 on dissolution of marriage without referring to family courts

The Hindu  

The Supreme Court will likely pronounce on May 1 its verdict on broad parameters for exercising its vast powers under Article 142 of the Constitution to dissolve marriages between consenting couples without referring them to family courts. One of the questions, which has been referred to it is what could be the broad parameters for the exercise of powers under …

Article 142 Can't Be Invoked To Dissolve Marriage On Ground Of Irretrievable Breakdown : Sr Adv Dushyant Dave To Supreme Court
2 years, 5 months ago

Article 142 Can't Be Invoked To Dissolve Marriage On Ground Of Irretrievable Breakdown : Sr Adv Dushyant Dave To Supreme Court

Live Law  

Senior Advocate Dushyant Dave on Thursday told a Constitution Bench of the Supreme Court that the power under Article 142 could not at all be exercised to dissolve marriages, since express statutory provisions for divorce had already been provided by the Parliament in its wisdom. Dave began his submissions by reminding the Court of two principles that were "affirmately rooted …

Can Marriage Be Dissolved Exercising Article 142 Powers? Supreme Court Constitution Bench To Start Hearing From Sep 28
2 years, 6 months ago

Can Marriage Be Dissolved Exercising Article 142 Powers? Supreme Court Constitution Bench To Start Hearing From Sep 28

Live Law  

A Constitution Bench of the Supreme Court, on Tuesday, stated that from 28th September, 2022 it is to commence with the hearing of the matter where its indulgence is sought to consider the extent of its powers under Article 142 of the Constitution of India, 1950, to dissolve marriage. The Constitution Bench reference emanates from a Transfer petition, wherein pursuant …

Family Court's Finding Regarding Previous Marriage Can Be Relied On To Quash Complaint About Bigamy Under Section 494/495 IPC : Supreme Court
3 years, 1 month ago

Family Court's Finding Regarding Previous Marriage Can Be Relied On To Quash Complaint About Bigamy Under Section 494/495 IPC : Supreme Court

Live Law  

The Supreme Court recently observed that a High Court's decision to allow the criminal proceeding to proceed for offences under Sections 494 and 495 of the Indian Penal Code - which deal with bigamy - despite the Family Court's finding that the wife did not have a subsisting prior marriage, would constitute an abuse of the process.The Cout observed reference …

Woman Expresses Second Thoughts About Marriage Against Family Wishes; Supreme Court Dissolves Marriage, Quashes FIR Against Husband
3 years, 1 month ago

Woman Expresses Second Thoughts About Marriage Against Family Wishes; Supreme Court Dissolves Marriage, Quashes FIR Against Husband

Live Law  

The Supreme Court recently dissolved a marriage exercising powers under Article 142 of the Constitution in a case of a woman who married a man against her family's wishes.The woman's family members had lodged an FIR alleging rape and abduction against the husband. The Supreme Court recently dissolved a marriage exercising powers under Article 142 of the Constitution in a …

Can A Single Bench of Supreme Court Pass A Decree Of Divorce By Mutual Consent? Conflicting SC Orders
3 years, 4 months ago

Can A Single Bench of Supreme Court Pass A Decree Of Divorce By Mutual Consent? Conflicting SC Orders

Live Law  

Can a Single Bench of the Supreme Court pass a decree of divorce by mutual consent? A few judges, while sitting singly, have passed such divorce decrees, and some others, observing that they lack such a power, have referred the cases to Division benches.Recently, a single bench of the Supreme Court invoked Article 142 of the Constitution to grant a …

'Their Marriage Is Evidently A Dead Letter': Supreme Court Dissolves A Marriage Invoking Article 142 Powers
3 years, 4 months ago

'Their Marriage Is Evidently A Dead Letter': Supreme Court Dissolves A Marriage Invoking Article 142 Powers

Live Law  

Their marriage is evidently a dead letter, the Supreme Court observed while dissolving a marriage invoking its jurisdiction under Article 142 of the Constitution.The court noted that, in this case, the parties have been living separately since May 2010 and have been engaged in legal proceedings against each other. Their marriage is evidently a dead letter, the Supreme Court observed …

No Point In Persuading Them To Live Together : Supreme Court Dissolves An 'Emotionally Dead' Marriage Invoking Article 142 Powers
3 years, 6 months ago

No Point In Persuading Them To Live Together : Supreme Court Dissolves An 'Emotionally Dead' Marriage Invoking Article 142 Powers

Live Law  

The marriage between the parties is emotionally dead and there is no point in persuading them to live together any more, the Supreme Court remarked while it dissolved a marriage invoking its powers Article 142 of the Constitution.In this case, the husband had filed divorce petition on the ground of cruelty and desertion by wife. The marriage between the parties …

Article 142 Can Be Invoked To Dissolve A Marriage Found To Be A Dead Letter: SC [Read Judgment]
5 years, 3 months ago

Article 142 Can Be Invoked To Dissolve A Marriage Found To Be A Dead Letter: SC [Read Judgment]

Live Law  

Marriages are said to be made in heaven. They are broken on earth, said the Supreme Court while dissolving a marriage on the ground of its irretrievable breakdown.The bench comprising Justice Sanjay Kishan Kaul and Justice KM Joseph observed that Article 142 of the Constitution of India can be invoked to dissolve a marriage in cases where a marriage is …

Inherent Powers Under Article 142 Can Be Invoked To Dissolve Marriage Which Has Broken Down Irretrievably: SC [Read Judgment]
5 years, 5 months ago

Inherent Powers Under Article 142 Can Be Invoked To Dissolve Marriage Which Has Broken Down Irretrievably: SC [Read Judgment]

Live Law  

The Supreme Court observed that it can exercise its inherent powers under Article 142 of the Constitution of India for dissolution of a marriage where it finds that the marriage is totally unworkable, emotionally dead, beyond salvage and has broken down irretrievably, even if the facts of the case do not provide a ground in law on which the divorce …

SC again invokes Article 142 of Constitution to grant divorce by Mutual Consent [Read Judgment]
8 years, 7 months ago

SC again invokes Article 142 of Constitution to grant divorce by Mutual Consent [Read Judgment]

Live Law  

In yet another exercise of power under Article 142 of the Constitution of India to do ‘complete Justice’, the Supreme Court has granted a decree of divorce by mutual consent to a couple, by waiving the statutory period of waiting.The Bench comprising of Justices Kurian Joseph and RF Nariman observed: “Having regard to the background of the several litigations between …

SC again invokes Article 142 of Constitution to grant divorce by Mutual Consent [Read Judgment]
8 years, 7 months ago

SC again invokes Article 142 of Constitution to grant divorce by Mutual Consent [Read Judgment]

Live Law  

In yet another exercise of power under Article 142 of the Constitution of India to do ‘complete Justice’, the Supreme Court has granted a decree of divorce by mutual consent to a couple, by waiving the statutory period of waiting.The Bench comprising of Justices Kurian Joseph and RF Nariman observed: “Having regard to the background of the several litigations between …

Supreme Court invokes Article 142 to waive cooling period in a mutual consent divorce plea
8 years, 10 months ago

Supreme Court invokes Article 142 to waive cooling period in a mutual consent divorce plea

Live Law  

Invoking Article 142 of the Constitution of India to do ‘complete justice’ to a couple who had decided to part with each other after living separately for last five years, the Supreme Court has waived statutory cool-off period of six months and granted them divorce.The couple who approached the Family court were told to wait till October to formally end …

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