Article 142 Divorce: A Comprehensive Guide by LawCrust
In recent years, the Supreme Court of India has grappled with the question of whether it can directly grant divorce in cases where a marriage has irretrievably broken down. This issue arises from the court’s extraordinary discretion under Article 142 of the Indian Constitution, which empowers it to pass orders necessary for providing “complete justice” in a case.
What is Article 142 Divorce?
- Article 142 of the Indian Constitution empowers the Supreme Court to do complete justice in any case before it. This includes the authority to grant relief beyond the purview of existing laws, under its inherent powers. An Article 142 divorce can be granted in situations where a marriage has irretrievably broken down, but the specific grounds mentioned in the matrimonial laws are not met.
- This article grants the Supreme Court the authority to issue orders that go beyond existing legal provisions. It allows the court to take measures to ensure justice even when specific laws may not provide for a particular remedy. Essentially, it enables the court to fill gaps in the law and address unique situations.
When Can You Seek an Article 142 Divorce?
An Article 142 is considered an extraordinary remedy. Courts will only grant it under exceptional circumstances, such as:
- Mutual Discord: If a couple has been living separately for a significant period with no chance of reconciliation, despite attempts to revive the marriage.
- Mental Incompatibility: In extreme cases where the couple’s mental makeup renders cohabitation impossible.
- Exceptionally Harsh Grounds: If the existing grounds for divorce under matrimonial laws seem insufficient to address the specific situation’s gravity.
Recent Developments:
In May 2023, a five-judge Constitution Bench clarified that the court can directly grant divorce under Article 142 when a marriage has irretrievably broken down. This means that couples no longer need to wait for months for a local court to declare the annulment final. The court’s decision aims to spare couples the emotional and legal turmoil associated with prolonged divorce proceedings
LawCrust Legal Consulting: Your Trusted Partner in Family Law
While Article 142 offers an option in rare scenarios, understanding the complexities of such a divorce requires experienced legal guidance. Consulting with a qualified lawyer specialising in family law is essential to understand the viability of your case and navigate the legal process effectively.
LawCrust Legal Consulting, a subsidiary of LawCrust Global Consulting Ltd, is a leading legal service provider with a proven track record in family law matters. Our team of skilled and experienced lawyers can guide you through the intricacies of Article 142 divorce and advise you on the best course of action for your specific situation. LawCrust also provides Legal Funding and legal protection for businesses and individuals.
Call us at +91 8097842911 or email us at bo@lawcrust.com.