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In this landmark ruling, the Supreme Court held that the  six-month cooling-off period  prescribed under Section 13B(2) of the Hindu Marriage Act is not mandatory and can be waived by the court. This decision aims to speed up the process of mutual consent divorce when both parties are certain about ending their marriage and have resolved all pending issues such as alimony, child custody, and property division.   The Court emphasized that the provision was meant to prevent has

The Supreme Court, in a judgment passed by Justices Indira Banerjee and J. K. Maheshwari on December 11, 2021, stated that it has the power to make an exception to the 6-month waiting period usually required for divorce by mutual consent under Hindu law. In the case of Amit Kumar v. Suman Beniwal, the court said that under Article 142 of the Constitution, which allows the Supreme Court to pass any order necessary to do complete justice, it can waive the 6-month "cooling off"

This case is known for its observations on irretrievable breakdown of marriage as a ground for divorce. The husband sought divorce, alleging cruelty by the wife. The Supreme Court recommended irretrievable breakdown of marriage as a valid ground for divorce. This case examined the irretrievable breakdown of marriage as a potential ground for divorce. While acknowledging the limitations of fault-based divorce, the Supreme Court recommended legislative action incorporating irre

In this recent ruling, the Supreme Court invoked its powers under Article 142 of the Constitution to grant a divorce on the grounds of  irretrievable breakdown of marriage , even though such a ground is not available under current statutory laws.   The Court clarified that while lower courts cannot grant divorce on this ground, the Supreme Court may exercise this extraordinary power to ensure “complete justice.” The judgment shows how the judiciary is taking progressive steps