Supreme Court on Monday ruled out a big decision on divorce and said it can grant a divorce to couples under Article 142, in cases of irretrievable breakdown of marriage, without asking the parties to move to a family court where they must wait for 6 to 18 months for a decree of divorce by mutual consent.<\/p>\n\n\n\n
A bench comprising Justices Sanjay Kishan Kaul, Vikram Nath, Sanjiv Khanna, AS Oka, and JK Maheshwari held that such a dissolution of marriage would not break public policy principles.<\/p>\n\n\n\n
Specifying the factors to determine the irretrievable breakdown of marriage, the Apex Court said the six-month mandatory waiting for getting a divorce by mutual consent could be followed with under certain requirements and conditions.<\/p>\n\n\n\n
Read Also<\/strong>: Bhiwandi building collapse: Death toll rises to 8, rescue operation ended after 45 hours<\/a><\/p>\n\n\n\n The bench said a marital relationship which has only become more bitter and acrimonious over the years does nothing but inflict cruelty on both sides and keeping the facade of this broken marriage alive would be doing injustice to both parties.<\/p>\n\n\n\n The Top Court gave this judgement in connection with a 2014 case titled Shilpa Sialesh vs Varun Sreenivasan. Both parties, in this case, sought a divorce under Article 142 of the Indian Constitution.<\/p>\n\n\n\n The Supreme Court also noted that societal changes may take some time and implementing new laws could be easier than persuading society to adopt them.<\/p>\n\n\n\n