An important decision has come from the constitution bench of the Supreme Court. The Constitution Bench has said in its decision that SC can grant divorce in such relationships where there is no scope for improvement, using its special powers under Article 142. For this, the couple need not wait for the required waiting period.
As per the existing matrimonial laws, irrespective of the consent of the husband and wife, earlier the family courts give time to reconsider both the parties within a time limit. The Supreme Court said, “In the traditional way, when Hindu law was not codified, marriage was a religious rite. That marriage could not have ended by consent.
The provision of divorce came after the introduction of the Hindu Marriage Act. In 1976, a provision was made for divorce by consent. Under this, there is a provision of filing second motion after 6 months of first motion and only then divorce takes place. During this, a cooling period of 6 months was done so that if the decision was taken in haste or anger, then a compromise could be reached and the marriage could be saved.
