NEW DELHI: Supreme Court today took away the mandatory six months waiting period time for divorce cases in the country. "We have also laid down factors which can determine when there will be an irretrievable breakdown of marriage," a Constitution Bench comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, AS Oka, Vikram Nath, and JK Maheshwari, said.

The supreme court has brought the changes under the invoking powers of Article 142. The court also said that in case of an irretrievable breakdown of marriage, the two parties can approach for divorce. The real issue for the constitutional bench circled around the 13B section of the Hindu marriage act, which asked whether the waiting period of six months can be altered by the supreme court or not.

The case was referred to a five-judge bench seven years ago by a Division Bench of Justices Shiva Kirti Singh and R Banumathi (both retired) in a transfer petition.