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May 1, 2023 · A five-judge Constitution Bench of the Supreme Court on Monday ruled that it can exercise its plenary power to do “complete justice” under Article 142(1) of the Constitution to dissolve a marriage on the ground that it had broken down irretrievably, without referring the parties to a family court where they must wait 6-18 months for a decree of divorce by mutual consent.
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May 20, 2023 · Supreme Court: When a woman approached the Supreme Court seeking transfer of divorce petition under the Hindu Marriage Act, from Indore to Lucknow, the bench of Sanjay Kishan Kaul and Ahsanuddin Amanullah*, JJ noticed that the parties have suffered an irretrievable breakdown of marriage and hence, in order provide complete justice, the Court exercised the power under Article 142 of the Constitution of India to grant mutual consent divorce to the parties.
the Court in view of the huge number of requests for exercise of power under Article 142 of the Constitution that has confronted this Court consequent to settlement arrived at by and between the husband and the wife to seek divorce by mutual consent. 6 Along with T.P.(Crl.) No. 382 of 2014, T.P.(Crl.) No. 468 of 2014 and T.P.(C) No. 1481 ...
May 1, 2023 · While holding that irretrievable breakdown of marriage can be a ground to grant divorce by invoking powers under Article 142 of the Constitution, the Supreme Court clarified that a party cannot ...
The parties were referred to the Supreme Court Mediation Centre. Before the Mediation Centre, the parties have arrived at a settlement. The Settlement Agreement reads as follows :-“SETTLEMENT AGREEMENT This Settlement Agreement is entered into between Dr. Ina Jain,W/o Dr. Deepak Jain, D/o Mr. S, P. Jain, R/o, Villa No. 194,Gardenia Grove Villas,
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May 2, 2023 · The Court opined that Section 13-B HMA does not impose any fetters on the powers of Supreme Court to grant a decree of divorce by mutual consent on a joint application, when the substantive conditions of the Section are fulfilled, and the Court is convinced and of the opinion that the decree of divorce should be granted.Thus, adopting a hyper-technical view can be counterproductive, as pendency itself causes pain, suffering and harassment and, consequently, it is the duty of the Court to ...
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May 1, 2023 · A five-judge Constitution bench headed by Justice SK Kaul said the Supreme Court can dissolve a marriage by granting divorce through mutual consent while dispensing with the 6-month waiting period ...
