Unraveling The Knot: Obtaining Divorce Via Article 142

Rishi Vinayak, National University of Study and Research in Law, Ranchi

ABSTRACT

“Divorce is a declaration of independence with only two signers”– Gerald F. Liberman

The Supreme Court of India on 1st, May, 2023 on a transfer petition delivered a judgement on one of the most substantial questions of law, defining the ambit of power and jurisdiction of the apex court under Article 142(1) of the Indian Constitution intricately knitting with the provision of statutory period of six months before granting decree of divorce, particularly defined under Section 13- B the Hindu Marriage Act, 1955.

This article is an attempts to unravel whether the Supreme Court had the requisite authority to grant divorce in case of ‘irretrievable breakdown of marriage’ even if the The parties directly approached the Supreme Court without filing an appeal from a decision rendered by a lower court?

It further analyses the discretionary powers of the court and their application in family law matters. Finally, raises concerns regarding the erosion of lower court jurisdiction, lack of procedural safeguards, limited applicability to complex cases, and potential burden on the Supreme Court.

Keywords: divorce, irretrievable breakdown, discretionary power.