Most Divorces Arising From Love Marriages Only, Says Supreme Court
It said the marriage has irretrievably broken down is to be factually determined and firmly established and for this, several factors are to be considered ¡ª such as period of time the parties had cohabited after marriage, when the parties had last cohabited, the nature of allegations made by the parties against each other and their family members.
The Supreme Court on Wednesday observed that most divorces seem to be arising from love marriages.
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While hearing a transfer petition arising out of a matrimonial dispute, a bench of Justices BR Gavai and Sanjay Karol made the statement when a counsel in the case informed the Court that the marriage was a love marriage. The Court reportedly proposed mediation, which the husband opposed.
However, the Court said that in view of a recent judgment, it could grant a divorce without his consent, reported Bar and Bench.
SC's order on divorces earlier in May
Earlier this month, the Supreme Court said that the grant of divorce by the apex court on the ground of irretrievable breakdown of marriage is not a ¡°matter of right¡± but a discretion which is to be exercised with great care and caution, keeping in mind several factors to ensure ¡®complete justice¡¯ is done to both parties.
A five-judge constitution bench headed by Justice S K Kaul said it is obvious that the top court should be fully convinced and satisfied that marriage is ¡°totally unworkable, emotionally dead and beyond salvation¡± and therefore, dissolution of marriage is the right solution and the only way forward.
BCCL
Factors considered in case of "irretrievable breakdown" of a marriage
It said the marriage has irretrievably broken down is to be factually determined and firmly established and for this, several factors are to be considered ¡ª such as period of time the parties had cohabited after marriage, when the parties had last cohabited, the nature of allegations made by the parties against each other and their family members.
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The bench had made these observations in its verdict, which held the top court has the discretion to dissolve a marriage on the ground of "irretrievable breakdown" in exercise of its plenary power under Article 142 (1) of the Constitution and can grant divorce by mutual consent while dispensing with the 6-month waiting period mandated under the Hindu Marriage Act, 1955.
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