SC verdict likely on May 1 on dissolution of marriage without referring to family courts

A five-judge constitution Bench had reserved its judgement on the issue of dissolving marriages between consenting couples without referring them to family courts in September last year.

The Supreme Court will likely pronounce on May 1 its verdict on broad parameters for exercising its vast powers under Article 142 of the Constitution to dissolve marriages between consenting couples without referring them to family courts.

A five-judge constitution Bench of Justices S.K. Kaul, Sanjiv Khanna, A.S. Oka, Vikram Nath and J.K. Maheshwari had reserved its judgement on September 29, 2022.

While reserving its order, the court had said social changes take a "little time" and sometimes it is easier to bring a law but difficult to persuade society to change with it.

The Supreme Court had acknowledged the large role a family plays in marriages in India.

Article 142 of the Constitution deals with the enforcement of decrees and orders of the Supreme Court to do "complete justice" in any matter pending before it.

The court is also considering whether its sweeping powers under Article 142 are inhibited in any manner in a scenario where a marriage has irretrievably broken down in the opinion of the court but one of the parties is resisting divorce.   

Two questions, including whether the exercise of such jurisdiction by the SC under Article 142 should not be made at all or whether such exercise should be left to be determined in the facts of every case, were earlier referred to the constitution Bench.