New Delhi4 minutes ago
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The Constitutional Bench of the Supreme Court has given an important decision on divorce on Monday. The court has said that if the relationship between husband and wife has deteriorated so much that there is no scope for reconciliation, then the court can grant divorce under Article 142 of the Constitution of India. For this, waiting of 6 months will not be mandatory.
The court said that it has laid down the factors on the basis of which a marriage can be considered beyond the possibility of reconciliation. Along with this, the court will also ensure that how will there be equality between husband and wife. This includes maintenance, alimony and custody of children.
The bench was hearing about the removal of 6 months time
Justices Sanjay Kishan Kaul, Sanjeev Khanna, A. S Oka, Vikram Nath and J. The issue under which the Constitution Bench of Justice K Maheshwari was hearing was whether the 6-month period mandated for divorce by mutual consent under Section 13B of the Hindu Marriage Act can be waived.
However, during the course of hearing, the Constitution Bench decided to hear the issue whether the marriage, if it has completely broken down, can be considered as a ground for granting divorce or not. Regarding this, the court came to the conclusion that if whatever conditions have been kept in the previous decision of divorce of the couple, if they are fulfilled then it will not be necessary to wait for 6 months to get divorce by mutual consent.
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