No need to wait 6 months for divorce!

The Divorce Act was brought in to explore the possibility of reconciliation and cohabitation between husband and wife. However, divorce is granted if the couple does not want to live together under any circumstances. The divorce process is often amended to make the divorce process easier.

In the divorce case, a five-judge bench of the Supreme Court ruled last year:

A couple whose marital relationship is irretrievably broken down and cannot live together again can, on the basis of mutual consent, exercise the special power granted to the Supreme Court under Section 142 of the Act. These couples will not have to go to the Family Courts and undergo lengthy hearings and mandatory waiting procedures.

The question of whether the Supreme Court can exercise its special power if only one of the couple agrees to divorce and the other opposes it was also examined. Accordingly, the couple’s married life has completely failed; If the investigation establishes that they cannot live together again and the court is satisfied with it, then the special power can be used to grant divorce.

At the same time, the fundamental rights under Article 142 must be considered. The mandatory waiting period must be subject to conditions and necessity.

If there is no chance of reunification of the couple, if there is a chance of new rehabilitation, the court should not be powerless to get a better option for both parties, the judges said in their judgment.

Through this judgment, guidelines have been given to the lower courts to expedite the divorce of both the husband and wife. The Supreme Court’s judgment that there is no six-month waiting period for divorce is considered important.