Supreme Court Verdict: The Constitution Bench of the Supreme Court has said in an important decision that the apex court has the right to directly declare a marriage null and void. In case the continuation of the marriage is impossible, the Supreme Court can order divorce on its behalf.
The Supreme Court gave this decision regarding the use of special powers under Article 142. Under Article 142, the Supreme Court has the right to order divorce directly. In such a situation, legal compulsion to wait for 6 months in cases of divorce with mutual consent will not be necessary.
What was the matter?
The Constitution Bench of the Supreme Court had heard the question whether the apex court has the right to declare a marriage null and void or it should hear the appeal only after the decision of the lower court.
For more than two decades, the Supreme Court has been using the vast powers under Article 142 to annul marriages that have been exceptionally broken. However, in September 2022, the Supreme Court agreed to consider whether it can annul marriages between couples living separately without the consent of both partners. On September 29, 2022, the bench had reserved its decision in this matter.