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Divorce Law: SC Can Now Dissolve Marriage In Case of 'Irretrievable Breakdown'

The top court can invoke its special powers under Article 142 to do so, without referring the case to family courts.

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In a significant ruling, the Supreme Court has held that it can grant divorce to consenting couples on the grounds of 'irretrievable breakdown' of marriage. It has also directed that the six-month waiting period for divorce be done away with.

The five-judge constitution bench, has said that the top court can invoke its special powers under Article 142 to do the above, without referring the issue to a family court.

"We have held that it is possible for this court to dissolve marriage on the ground of irretrievable breakdown of marriage. That will not contravene the specific or fundamental principles of public policy", the Court said.

Why this matters: Previously couples would have to take such cases to family courts, where the waiting period for divorce by mutual consent was 6-18 months. But now the Supreme Court can grant divorce.

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