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Supreme Court News: May be two better people are not good life partners…. Important remarks of Supreme Court in divorce case

New DelhiThe Supreme Court on Wednesday heard the issue of divorce in exercise of powers under Article 142. The Court asked what could be the broad criteria for exercise of powers under Article 142 of the Constitution to dissolve a marriage. Article 142 of the Constitution deals with the enforcement of the orders of the apex court and to provide complete justice in any matter before it.

Justice S. Of. A five-judge Constitution Bench headed by Kaul said that under the Hindu Marriage Act, divorce is based on the fault theory, but the consummation of a marriage can be a ground reality of the situation without falling prey to the blame. Justice Kaul, Justice Sanjiv Khanna, Justice A. s. Oka, Justice Vikram Nath and Justice J. Of. Maheshwari said, ‘Two very good people may not be good life mates.’

“Sometimes we come across cases where people live together for a long time and then the marriage breaks up,” the bench said. Senior advocate Indira Jaising, who is assisting the court as amicus curiae in the matter, said there are usually allegations and counter allegations when a divorce petition is filed. On the issue of fault theory, Justice Kaul said, “It is also very subjective in my view. What is a defect theory?’ He said, ‘Look, one can say that there is an allegation that she does not give tea to my parents when she wakes up in the morning. Is this a defect theory? Perhaps, you could have made the tea better.’

The bench said that many of these allegations are arising out of social norm, where one thinks that women should do it or men should do it. He said that these ideals are changing rapidly and this is the ground reality. The bench asked whether anyone should be at fault in the divorce proceedings. Justice Kaul said he had seen cases where the man was protesting even when the woman did not want anything because she had better earning capacity and was in a better position. The debate in this matter will continue on Thursday as well.



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