Divorce will not have to wait for six months, if there is no scope for reconciliation between husband and wife, the Supreme Court will approve Divorce
The Fact India: Now there will be no waiting of six months for divorce between husband and wife. There is no need to go to the family court for this. On Monday, the Supreme Court gave its verdict on the removal of six months time for divorce. The Supreme Court had reserved this order on 20 September 2022 itself. The Constitutional Bench of the Supreme Court has said that if the relationship between husband and wife has deteriorated to such an extent that there is no scope for reconciliation, then the court can grant divorce under Article 142 of the Constitution of India. For this, they will not have to go to the family court, nor will it be necessary to wait for six months.
However, the Supreme Court has clearly stated that it has laid down the factors on the basis of which a marriage can be considered beyond the possibility of reconciliation. Along with granting divorce, the court will also ensure custody of children, equality between husband and wife, maintenance and alimony. Justices Sanjay Kishan Kaul, Sanjeev Khanna, A. S Oka, Vikram Nath and J. The issue under which the Constitution Bench of Justice K Maheshwari was hearing was whether the 6-month period mandated for divorce by mutual consent under Section 13B of the Hindu Marriage Act can be waived.
During the hearing, the Constitution Bench decided to hear the issue of whether a marriage that has completely broken down can be considered a ground for divorce or not. Regarding this, the court came to the conclusion that if whatever conditions have been kept in the previous decision of divorce of the couple, if they are fulfilled then it will not be necessary to wait for 6 months to get divorce by mutual consent.
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