The Supreme Court held that it has the power to invoke Article 142 of the Indian Constitution, to dissolve marriages which have no scope of reconciliation and have been irretrievably broken down.
The bench headed by Justice Sanjay Kishan Kaul and Justice KM Joseph was hearing an appeal filed by an aggrieved wife for non-granting of divorce. The appellant alleged her husband of having an extramarital relation and has been fighting in the court of law for divorce, since 2003. However, the trial court rejected to grant her divorce. Hence, she appealed to the Supreme Court.
“Marriages are said to be made in heaven. They are broken on earth,” stated the bench while invoking Article 142 and granted a divorce to the appellant wife.
According to the Hindu Marriage Act of 1955, a marriage can be dissolved only based on bigamy, cruelty, mutual consent, insanity, or adultery. However, Article 142 of the Indian Constitution accords the Supreme Court, the power to pass an order that it deems necessary to provide complete justice.