One can dissolve the marriage on grounds of "irretrievable breakdown"; Supreme Court rules- The Daily Episode Network
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  • Writer's pictureHarshita Malhotra

One can dissolve the marriage on grounds of "irretrievable breakdown"; Supreme Court rules


On Monday, a Constitution bench decided that the Supreme Court can dissolve a marriage on the grounds of irretrievable breakdown without having to wait the required time period as laid down by the Hindu Marriage Act.



The Supreme Court's five-judge Constitution bench ruled that, under the special power granted to it by Article 143 of the Constitution, it may dissolve a marriage on the grounds of irretrievable breakdown of the marriage and that the mandatory waiting period of six months for divorce by mutual consent may be waived under certain circumstances.

"We have also laid down factors which can determine when there will be an irretrievable breakdown of marriage," a Constitution Bench comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, AS Oka, Vikram Nath, and JK Maheshwari, said.



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