Their Marriage Is Clearly A Dead Letter’: Supreme Court Uses Article 142 Powers to Dissolve A Marriage

The Supreme Court stated in dissolving a marriage invoking its jurisdiction under Article 142 of the Constitution that their marriage is clearly a dead letter.

The court noted that the parties in this instance have been living apart since May 2010 and are involved in legal procedures against each other.

“In a series of past decisions, the Supreme Court has used its authority under Article 142 of the Constitution to dissolve marriages, such as in Sneha Parikh v. Manit Kumar. It is needless to repeat all of these judgements to emphasise the point “, noted the bench of Justices NV Ramana, Surya Kant, and Hima Kohli.

In this scenario, the husband and mother-in-law went to the Supreme Court to challenge a Calcutta High Court ruling that refused to quash the wife’s proceedings against them. The dispute was referred to the Supreme Court Mediation Centre for mediation. The parties came to an agreement on their differences and asked the court to terminate their marriage by mutual consent.

The court stated that, “We believe it is proper to give the remedy sought by the parties for mutual divorce in light of these consistent pronouncements. Appellant No. 1 and Respondent No. 2 have been estranged for almost a decade, and Appellant No. 1’s Additional Affidavit dated October 8, 2021 has already protected the interests of their daughter. The Mutual Consent Terms of 5 August 2021 also provide that neither party has any objections if this Court exercises its powers under Article 142 to dissolve their marriage”.

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