The Hon’ble Supreme Court, on 4th October 2019, in the matter of R. Srinivas Kumar v. R. Shametha pronounced that in order to do substantial justice between the parties, powers under Article 142 of the Constitution of India can be exercised to dissolve a marriage on the ground of irretrievable breakdown of marriage even where one of the parties does not agree and give consent to divorce.
The Hon’ble Supreme Court observed that:
In exercise of powers under Article 142 of the Constitution of India a marriage can be dissolved on the ground of irretrievable breakdown of marriage (This inference has been drawn on the basis of Para 6)
If both the parties to the marriage agree for separation permanently and/or consent for divorce, in that case, certainly both the parties can move the competent court for a decree of divorce by mutual consent. (Para 6)
Only in a case where one of the parties do not agree and give consent, only then the powers under Article 142 of the Constitution of India are required to be invoked to do the substantial Justice between the parties, considering the facts and circumstances of the case. However, at the same time, the interest of the wife is also required to be protected financially so that she may not have to suffer financially in future and she may not have to depend upon others. (Para 6)
Copy of judgement: Judgement_04th-October-2019
-Adv. Tushar Kaushik