Broken Hindu marriage: Supreme court to directly grant divorce

NEW DELHI: A five-judge Constitution Bench passed a milestone judgment that the Supreme Court will allow direct divorce in Hindu marriages that are irreconcilably broken. The exclusive power under Article 142 of the Constitution will be exercised for this.

Direct involvement will be there in cases involving long-term separation, emotional death, and cases where divorce is the only option. Divorce will be granted if it is deemed necessary for the administration of complete justice, even if one of the spouses' objects. The Supreme Court will also be able to quash criminal cases related to marital life.

This will put an end to the situation of having to wait for a long period even if the divorce petition is filed by mutual consent. The order may be made without directing the parties to the Family Court. If there is a separation of more than six years, it will be considered as the main factor.

Meanwhile, a bench comprising Justices Sanjay Kishan Kaul, Sanjeev Khanna, Abhay S Oka, Vikram Nath and JK Maheshwari held that the parties cannot invoke the Supreme Court's intervention as a right. It is also not possible to approach the court with a writ petition for divorce. The decision was made in a petition filed by a young woman named Shilpa Shailesh seeking a change of family court.

What will be observed before the judgement

• How long did you live together after marriage? The last time period spent together.
• Nature of accusations against each other and family members.
• How many times have you tried to resolve the dispute through court or arbitration? When did you try last?
• Socio-economic status, education, age, children, whether children and spouse are dependent, etc.
• Welfare of minor children, who should be the custodian, reasonable alimony to wife, etc.

Article 142

It can be applied if the Supreme Court is convinced that the law does not provide adequate relief to the parties. This is to do complete justice.

Law and intervention

13(b) of the Hindu Marriage Act, 1955: A joint petition can be filed in the Family Court on the ground that they have been living apart for more than one year and have jointly decided to obtain a divorce. First after six months, and again within eighteen months, the couple must submit affidavits confirming their demand. The Supreme Court has clarified that divorce will be allowed directly without waiting for the verdict.