SC verdict likely on May 1 on divorce without referring to family courts
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 SK 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 apex court had acknowledged the large role a family plays in marriages in India.
Article 142 of the Constitution deals with enforcement of decrees and orders of the apex court to do "complete justice" in any matter pending before it.
The apex 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 opin