It’s fit case to in­voke Art 142 to dis­solve mar­riage: SC


The Times of India (New Delhi edition) - - Times Nation -

The apex court in a se­ries of ver­dicts has asked the Cen­tre to amend the law to in­tro­duce ir­re­triev­able break­down as a ground of di­vorce but the law re­mains un­a­mended and di­vorce is de­nied even if a cou­ple are not liv­ing to­gether for years and their re­la­tion­ship bruised be­yond re­pair. This ef­fec­tively de­nies them an op­por­tu­nity to ex­plore life afresh as their mar­riage sur­vives in law even if not in sub­stance.

Even the Law Com­mis­sion, in its reports in 1978 and 2009, rec­om­mended the Cen­tre to take “im­me­di­ate ac­tion” to amend the laws with re­gard to “ir­re­triev­able break­down” where a “wed­lock be­came a dead­lock”. As the Cen­tre failed to act on the sug­gestForc­ing

peo­ple to con­tinue in un­happy mar­riages does no­body any good. Far from strength­en­ing the in­sti­tu­tions of mar­riage and fam­ily, the con­stant mis­ery and strife it en­tails un­der­mines them like lit­tle else can. There is good rea­son, there­fore, for the law to make it as easy and pain­less as pos­si­ble for peo­ple un­happy in a mar­riage to end it.

ions, the apex court has from time to time in­voked Ar­ti­cle 142 to grant di­vorce even though ex­ist­ing laws do not recog­nise the ground for di­vorce.

The SC said, “In the present case, ad­mit­tedly, the hus­band and wife have been liv­ing sep­a­rately for more than 22 years and it will not be pos­si­ble for the par­ties to live to­gether. There­fore, we are of the opin­ion that while pro­tect­ing the in­ter­est of the re­spon­dent wife to com­pen

sate her by way of lump sum per­ma­nent al­imony, this is a fit case to ex­er­cise the pow­ers un­der Ar­ti­cle 142 to dis­solve the mar­riage be­tween the par­ties.” The bench re­jected the wife’s plea that the mar­riage can­not be dis­solved with­out her con­sent and granted re­lief to hus­band af­ter not­ing that all ef­forts to con­tinue the mar­riage had failed and there was no pos­si­bil­ity of a re­union be­tween the par­ties.

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