Supreme Court / Supreme Court's important decision on divorce, now waiting for 6 months is not necessary

Supreme Court: 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 indispensable powers under Article 142 to grant divorce on the basis of irreconcilable relationship in the marriage.

According to the existing marriage laws, despite the consent of the husband and wife, the first family court gives a time limit (6 months) to both the parties to reconsider. Now, according to the new system of the Supreme Court, there is no need for a waiting period of 6 months prescribed for divorce by mutual consent.

The Constitution Bench of the Supreme Court said that there was never any doubt that this court has the power to do complete justice without fetters. It is possible for this court to grant divorce on the grounds of irreconcilable relationship. On September 29, 2022, a five-judge constitution bench had reserved its verdict in the context.

What was the whole issue?

In fact, the main issue referred to the Constitution Bench of the Supreme Court was whether the mandatory waiting period for divorce by mutual consent under Section 13B of the Hindu Marriage Act could be waived. On which now the constitution bench has given its decision.

Seven years ago, the Division Bench of the Supreme Court referred this petition to a Constitution Bench of five judges. Justice Sanjay Kishan Kaul, Justice Sanjeev Khanna, AS Oka, Justice Vikram Nath and JK Maheshwari were included in this constitution bench of the Supreme Court which gave the decision.