Supreme Court's Landmark Order on Divorce Cases

In  Shilpa Sailesh vs. Varun Sreenivasan,  the court allowed the dissolution of marriage on the grounds of "irretrievable breakdown of marriage" through Article 142 of the  Constitution.

The Constitution Bench in this case comprised Justices Sanjay Kishan Kaul, Sanjiv Khanna, AS Oka, Vikram Nath, and JK Maheshwari 

The Supreme Court held that it can dissolve marriages on the ground of "irretrievable breakdown of marriage" using its powers under Article 142 of the Constitution  

It also held that the mandatory waiting period of six months for divorce through mutual consent can be done away with subject to certain conditions. 

Initially a "cooling-off" period was provided but the court clarified that it should not be used to prolong the agony of the parties when there is no chance of reconciliation. .

The bench further explained that the waiver is not to be given merely on asking, but on the court being satisfied beyond doubt that the marriage has broken down beyond repair.


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