‘Divorce in love marriage…’, when Supreme Court Justice BR Gavai remarked

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‘Divorce in love marriage…’, when Supreme Court Justice BR Gavai remarked

Justice BR Gavai on Love Marriage: The Supreme Court commented on love marriage and divorce while hearing a case on Wednesday (May 17). Hearing the case of matrimonial dispute between husband and wife, Justice BR Gavai said that divorce cases are increasing in love marriages.

In fact, in the case that the court was hearing, the couple had only had a love marriage. Judge Gawai made this comment after getting information about this from the lawyer. However, this comment will be treated as purely personal comment of the judge. This is not an order. In the case the court was hearing, it has directed the husband and wife to settle the dispute through mediation.

According to the Bar and Bench, however, the court said that in view of a recent decision, it can give divorce without the consent of both (husband and wife). In fact, a 5-judge constitution bench of the apex court had said that in case of irretrievable breakdown of marriage, it can order divorce on its own behalf under Article 142.

What is Article 142?
The Supreme Court had earlier ordered divorce using Article 142 in many cases. According to Article 142, in the interest of justice, the Supreme Court can pass any order bypassing the legal formalities.

What did the bench say?
Justice Sanjeev Khanna, while reading the judgment on behalf of the bench, had said that when it is impossible to continue the marriage, then the Supreme Court can order divorce directly. The legal provision of waiting for 6 months required in case of mutual consent divorce will also not be applicable in this.

However, the court said that on the basis of this decision, the divorce case cannot be filed directly in the Supreme Court. The court has said that for divorce, the earlier procedure of the lower court will have to be followed.

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