INDIA: The apex body of law will form a constitutional Bench, which will commence hearing into dissolving a marriage under Article 142 of the Constitution of India, 1950. The hearing will ring in on September 28. The bench will decide whether to allow divorce to estranged couples without taking consent from both partners for the annulment of marriage.
A bench of Justices Sanjay Kishan Kaul, Vikram Nath, Sanjiv Khanna, A S Oka and J K Maheshwari will pass the judgement on the concerned matter after looking into each detail.
The bench acknowledged in its ruling that senior attorney V Giri, who is serving as an amicus curiae for the supreme court in this case, had walked the court through the details of the dispute.
Meanwhile, Justice Kaul-led bench made a statement, “We do believe that another question which would require consideration would be whether the power under Article 142 of the Constitution of India is inhibited in any manner in a scenario where there is an irretrievable breakdown of marriage in the opinion of the court, but one of the parties is not consenting to the terms, When the parties are willing…it may not be a major concern. But really, the impediment arises when the parties do not consent, and we grant a divorce under Article 142.”
On granting the divorce, the Division Bench had witnessed, “Notwithstanding the above order passed by us, for statistics, the present transfer petitions shall remain pending as we are of the view that an issue of some important needs to be addressed by the Court because of the huge number of requests for the exercise of power under Article 142 of the Constitution that has confronted this Court consequent to settlement arrived at by at by and between the husband and the wife to seek divorce by mutual consent.”