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Article 142

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Supreme Court allows divorce without waiting period using special powers.
law3 years ago

Supreme Court allows divorce without waiting period using special powers.

The Supreme Court of India has ruled that it can dissolve a marriage on the grounds of "irretrievable breakdown" by invoking its special powers under Article 142 of the Constitution. The court held that the six-month waiting period prescribed under the Hindu Marriage Act can also be dispensed with. The court clarified that grant of divorce on the ground of irretrievable breakdown of marriage is not a matter of right, but a discretion which is to be exercised with great care and caution.