The Supreme Court on Monday held that it can
dissolve a marriage on the ground of irretrievable breakdown.
A five-judge Constitution bench headed by Justice S
K Kaul said the apex court is empowered under Article 142 of the Constitution
to do complete justice.
Article 142 of the Constitution deals with the
enforcement of decrees and orders of the apex court to do "complete
justice" in any matter pending before it.
"We have. held that it is possible for this
court to dissolve the marriage on the ground of irretrievable breakdown of
marriage," the bench, also comprising justices Sanjiv Khanna, A S Oka,
Vikram Nath and J K Maheshwari, said.
The apex court delivered the verdict on a batch of
petitions relating to the exercise of its vast powers under Article 142 of the
Constitution to dissolve broken-down marriages between consenting couples
without referring them to family courts for protracted judicial proceedings to
get the decree of separation.