Active 2023 SCC OnLine SC 544 Updated 2026-03-07 20:07:19

Case note detail

Grant of divorce under Article 142 of Constitution on grounds of irretrievable breakdown of marriage

Case note content

The Constitution Bench held that the Supreme Court has the discretion to dissolve a marriage by passing a decree of divorce by mutual consent, without being bound by the procedural requirement of a second motion. It ruled that the Supreme Court can exercise its power under Article 142(1) of the Constitution to dissolve a marriage on the ground of irretrievable breakdown.