The Supreme Court also laid out how to balance out equities.
The Supreme Court today ruled it can dissolve a marriage on the ground of “irretrievable breakdown” by exercising a special power. Using the power, the court can grant a divorce by mutual consent while dispensing with the six-month waiting period.
Here are the top quotes of the Supreme Court:
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A 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.
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The “cooling off” period of six months can be dispensed with as the object of the time gap is not to stretch the already disintegrated marriage.
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This discretionary power is to be exercised to do ‘complete justice’ to the parties, wherein the court is satisfied that the facts show that the marriage has completely failed.
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It can depart from the procedure as well as the substantive laws, as long as the decision is exercised based on considerations of fundamental general and specific public policy.
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The bench also laid out how to balance out equities. We have laid out the factors for this, specifically with regards to maintenance and rights of the children, it said.
