In Brief
In this landmark five-judge constitutional bench decision, the Supreme Court comprehensively examined the scope of Article 142(1) of the Constitution in matrimonial matters. The Court held that it possesses wide power to grant divorce by mutual consent while dispensing with Section 13-B's mandatory six-month waiting period, provided genuine settlement conditions are met. Most significantly, the Court affirmed its discretion to dissolve marriages on irretrievable breakdown grounds even without consent of both spouses, where the marriage has completely failed and no cohabitation is possible. The exercise of this power must balance equities, protect dependent spouses financially, and align with fundamental public policy favouring settlement over prolonged litigation. The Court emphasised restraint and must not ignore substantive statutory provisions while solving matrimonial disputes.
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