A five-judge Constitution bench of the Supreme Court on Monday held that by invoking special power granted to it under Article 142 of the Constitution, it can dissolve a marriage on the ground of irretrievable breakdown and waive of 6-18 months waiting period for divorce. A Constitution Bench of Justices Sanjay Kishan Kaul, Sanjiv Khanna, Abhay S Oka, Vikram Nath and JK Maheshwari held that it could waive the waiting period of 6 to 18 months prescribed for seeking divorce through mutual consent as per Section 13-B of the Hindu Marriage Act 1955, subject to conditions.
Can waive 6-month waiting period for divorce: SC on ‘irretrievable breakdown’ of marriage
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