A five-judge panel ruled that it could award a divorce without referring the case to a family court, where the parties would typically need to wait 6 to 18 months for a mutually agreeable resolution.
Source: Hindustan Times
Additionally, it has stated that it can make a decision in a matter even if one of the parties is opposed to a divorce. This is a break from the 1955 Hindu Marriage Act’s standard, which has typically been applied in divorce cases and bases divorce on one partner’s responsibility. According to this, a marriage can only be dissolved if one or both parties have broken a matrimonial law. It does not include irretrievable breakdown of marriage as a reason for divorce.
The court’s reasoning is significant because it acknowledges that divorce may be contemplated in circumstances other than when one partner criticises the other’s behaviour or when accusations of violence, fraud, or cruelty are made. It has made an effort to predict potential outcomes of societal change.
Such changes have already occurred, and the court’s directive may be interpreted as acknowledging the necessity for the legislation to take these changes into account. Courts have occasionally permitted divorce in unique situations, but only recently have guidelines been established.
Source: NDTV
The court has also issued a warning and established a series of rules to be followed when evaluating similar instances. They consist of things like the length of time spent together, the type of accusations, the quantity of attempts to resolve conflicts, the length of time spent apart, etc. The court will make sure that there is no coercion involved in the mutual agreement and that the decision to divorce is one that must be executed with great care.
Because divorce has historically been used as a weapon against women in a patriarchal society, care and standards are crucial. Additionally, it should be mentioned that, in accordance with the rule it has established, only the Supreme Court may grant divorces. Family courts are not permitted to make divorce judgements using the new concept. However, the ruling has broadened the country’s divorce jurisprudence.
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