Section 142 Divorce: Discretionary Power of the Supreme Court
Section 142 of the Hindu Marriage Act (HMA) plays a pivotal role in addressing the concept of irretrievable breakdown of marriage. This Section 142 of the HMA allows for dissolution of marriage even if traditional grounds are not met, if the marriage has irreversibly broken down.
What is Article 142?
- Article 142 of the Indian Constitution empowers the Supreme Court to administer complete justice in any case before it.
- This Article grants the authority to the Court to issue orders not necessarily covered under existing laws, if deemed necessary to achieve a just outcome.
Section 142 Divorce: When is it Granted?
A Section 142 divorce is granted under very specific circumstances. The Supreme Court will only consider such cases when:
- Irretrievable Breakdown of Marriage: Section 142 recognises that marriages can reach a point where reconciliation becomes impossible. It acknowledges that certain situations may not fit the conventional grounds for divorce, yet the marriage remains untenable. Irretrievable breakdown refers to a situation where the relationship has deteriorated beyond repair.
- Exceptional Circumstances: In rare situations, the Court might intervene to grant divorce considering extreme hardship faced by one spouse due to factors beyond their control.
Important Considerations
- Section 142 divorce is an extraordinary remedy and not a substitute for following established divorce procedures under religious laws.
- The Supreme Court will only entertain such petitions after careful consideration and if convinced of the exceptional circumstances of the case.
- Legal expertise is crucial when navigating the complexities of Section 142 divorce proceedings.
Landmark Judgment: Recognising Irretrievable Breakdown
While Section 142 provides a framework for irretrievable breakdown, recent judgments have further clarified its application. Courts now consider emotional well-being, practical impossibility of cohabitation, and lack of chance of reconciliation.
For Expert Legal Guidance
LawCrust Legal Consulting, a subsidiary of LawCrust Global Consulting Ltd. As a leading firm in the legal industry, we offer Premium Services, Litigation Finance, Legal Protect, Litigation Management, Startup Solutions, Funding Solutions, Hybrid Consulting Services, Mergers & Acquisitions, and more. With over 50 offices across India and more than 70 specialised lawyers, we provide top-notch support for various legal matters. Contact us at +91 8097842911 or email bo@lawcrust.com for expert legal help.