New Delhi, May 2: The Supreme Court, a five-judge constitution bench has passed an important order on divorce.
The Supreme Court today announced an important order regarding divorce. There is no need to wait for 6 months if the couple has mutual consent to get a divorce.
The Supreme Court has ruled that divorce can be validated without a hearing in the family court using its discretion.
The Supreme Court can grant a divorce to a couple if there is a “circumstance in which marital life cannot be restored” between the couple. The Supreme Court has the power to annul a marriage through the prerogative conferred under Article 143 of the Constitution. A five-member constitution bench ordered that a couple seeking divorce by mutual consent can be granted divorce within 6 months subject to certain conditions.
Justice Sanjay Kishan Kaul, Justice Sanjeev Khanna, Justice A.S. Oka, Justice Vikram Nath and Justice J.K. Maheshwari held that the Supreme Court can use the discretionary power conferred under Article 143 to dissolve marriages if the marriage is irreconcilable between the couple. The bench passed the order on Monday.
Besides this, the bench also explained in the order how to strike a balance with regard to maintenance, maintenance and children’s rights after divorce.
What is the case?: According to the Hindu Marriage Act, a couple seeking divorce must file an application in a family court. After 6 months mandatory waiting, divorce should be obtained. It is in law that any divorce obtained before this has no validity.
A division bench of the Supreme Court inquired into this and ordered that “waiting for 6 months for divorce is not mandatory”. Also, the Supreme Court had said that divorce can be granted despite the intervention of the family court. The case was transferred to a five-judge bench on June 29, 2016 for further hearing.
How is the divorce process?:
Section 13B of the Hindu Marriage Act 1955 requires a couple to approach a family court for divorce. In cases of divorce, a waiting period of 6 months after mutual consent of the couple and filing of the petition is mandatory in law.
If there are no chances of reunification later, the marriage of such a couple may be considered for dissolution. The marriage of a couple seeking divorce before the 6 month period cannot be annulled for any reason. It also has no legal validity.