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