SC invokes Constitutional powers to dissolve marriage

www.mangaloretoday.com

New Delhi, Dec 27, 2017: The Supreme Court has used its power under the Constitution to render complete justice to allow a man’s plea for divorce from his second wife.

She had first agreed to end the marriage, then withdrew her consent and finally failed to respond to several notices.

Among others, the top court also noted both husband and wife have been living separately for the last four years due to which their marriage has become irretrievable. There is no point in keeping such marriage alive, it said.

"We find this case to be fit one where we invoke our powers under Article 142 (to complete justice) of the Constitution for passing a decree for dissolution of marriage between the parties," a bench of Justices R K Agrawal and Abhay Manohar Sapre said.

The couple from Hyderabad had tied the nuptial knot on August 11, 2013.

The man had seven-year old daughter from his first marriage. The woman, however, had no issue.

The couple started having differences soon after their marriage, forcing the man and his wife to live separately.

On December 30, 2014, both decided to end all their disputes and to part ways. They filed an application under Section 13B of the Hindu Marriage Act before the trial court for dissolution of marriage on mutual agreement.

The family court took up the application after a six-month cooling period. It dismissed the application as the woman failed to appear on three dates before it.

The man approached the high court, which rejected his plea, as a counsel, representing the wife, submitted that she is not ready to give her consent for dissolution of marriage.

On an appeal by the man, the apex court set aside the high court and family court’s order and dissolved the marriage.

It also noted the woman never appeared before the apex court on any dates despite receiving notice to clarify her stand.