The Supreme Court has given a statement that has sparked a new debate on love marriage in India and said that most divorces are caused by love marriages. The Supreme Court has asserted that most of the divorces in the country are the result of love marriages. It has been stated in the past that most of the young people are facing divorce cases and the reason for this is love marriage.
Love marriage is the reason for divorce
A two-judge bench of BR Gavai and Sanjay Karol was hearing a transfer petition arising out of a matrimonial dispute in which counsel told the court that the petitioner couple had a love marriage.
It is learned that the court has offered mediation before proceeding with the divorce process, but the husband has refused to mediate. And then it said that according to the latest judgment it will grant divorce to the couple.
The court tried to unite the couple
On May 1, a Constitution Bench of the Supreme Court comprising Justices SK Kaul, Sanjeev Khanna, AS Oka, Vikram Nath and JK Maheshwari held that the exercise of powers under Article 142 of the Constitution “does not violate principles of public policy”.
Also read: The bride stopped the wedding while changing the necklace! Would you be shocked to hear the reason she gave?
Earlier this month, the Supreme Court said that a marriage can be dissolved on the grounds of failure to unite a couple.
The Supreme Court approved the divorce
A five-judge Constitution Bench headed by Justice SK Kaul held that the Supreme Court can dissolve a marriage between consenting parties under Article 142 of the Constitution.
Further, the court ruled that the six-month period prescribed under the Hindu Marriage Act can be dispensed with subject to conditions. He said Article 142 of the Constitution deals with the enforcement of orders, judgments and decrees of the court to render a completely fair judgment in any matter pending before it.
symbolic image
What are the factors to be ensured by the court?
The court is hearing petitions relating to exercise of its power under Article 142 to dissolve marriages between mutual consent of couples without referring them to family courts for lengthy judicial proceedings.
The bench said that it is necessary to first establish that the marriage has irretrievably broken down and consider how the couple lived after marriage, how long they lived together and what were the accusations made by both of them against each other.
The court has said that divorce is the only way
The bench said that the court has to be convinced and satisfied that the union of the couple is not viable as well as emotionally dull and then the court will conclude that the only remedy is dissolution of marriage.
The fact that the marriage has irretrievably broken down must be factually determined and firmly established. The court made it clear that if all efforts to save the marriage fail and no other possibility of reunification of the couple is successful, divorce is the only option.