New Delhi: The Constitution Bench of the Supreme Court, while giving its verdict on the matter related to divorce, has said that if there is no scope for improvement in the relationship, then the couple need not wait for the mandatory waiting period of six months. The constitution bench said that the Supreme Court can use the mandatory powers under Article 142 to grant divorce on the ground of irreconcilable relationship in the marriage.
According to the existing marriage laws, even after the consent of the husband and wife, the Family Court first gives a time limit (6 months) to both the parties to reconsider. Now according to the new arrangement of the apex court, there is no need for waiting period of 6 months fixed for divorce by mutual consent. The Constitution Bench of the Supreme Court has said that there has never been any doubt that this Court has the power to do complete justice without fetters. It is possible for this court to divorce two people on the basis of irreconcilable relationship. On September 29, 2022, the constitution bench of 5 judges had reserved its decision in this matter.
In fact, the main matter referred to the constitution bench of the apex court was whether the mandatory waiting period for divorce by mutual consent under Section 13B of the Hindu Marriage Act can be waived. On which the constitution bench has now given its verdict. Seven years ago, the Division Bench of the Supreme Court referred this petition to a Constitution Bench of 5 judges. Justice Sanjay Kishan Kaul, Justice Sanjeev Khanna, Justice AS Oka, Justice Vikram Nath and Justice JK Maheshwari were included in this constitution bench of the apex court which gave the decision.
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