DURING A recent hearing in a matrimonial dispute, the Supreme Court brought attention to an interesting fact; the majority of divorces in India are a result of love marriages. Justices BR Gavai and Sanjay Karol, presiding over the case, made this observation when informed that the couple involved had entered into a love marriage.

As the proceedings unfolded, the court proposed mediation as a possible resolution, although the husband expressed opposition to this suggestion. However, the bench highlighted a recent judgment, indicating that a divorce could be granted even without the husband’s consent.

Previously, the Supreme Court emphasized its authority to dissolve marriages based on “irretrievable breakdown.” In a significant ruling, a five-judge Constitution bench led by Justice SK Kaul clarified that the apex court possesses the power to dissolve marriages between willing parties. Furthermore, the court ruled that the mandatory six-month waiting period specified by the Hindu Marriage Act could be waived under certain circumstances.

These petitions addressed the court’s ability to dissolve marriages between consenting couples, without subjecting them to lengthy proceedings in family courts. The court’s interpretation of Article 142 is aimed at ensuring comprehensive justice in matters brought before it.