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. Article 142 of the Constitution deals with the enforcement of decrees and orders of the apex court to do “complete justice” in any matter pending before it.
“…We have accordingly, in consonance with our findings, held that it is possible for this court to dissolve the marriage on the ground of irretrievable breakdown of the marriage. That will not contravene the specific or fundamental principles of public policy,” a five-judge Constitution bench headed by Justice S K Kaul said.
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 broad parameters for the exercise of powers under Article 142 to dissolve a marriage between consenting parties without referring them to the family court to wait for the mandatory period prescribed under section 13-B of the Hindu Marriage Act.
