The Supreme Court of India(SCI) has allowed a couple to part ways after waiving the
mandatory cooling-off period for divorce. Using its extra-ordinary power
under Article 142 of the Constitution, the apex court bench, comprising
Justices Kurian Joseph and S K Kaul, said they were convinced that the
couple have taken a "conscious decision to part as friends" and
dissolved the marriage.
Article 142 of the Constitution deals with the SCI's power to exercise its jurisdiction and pass order as is necessary for doing complete justice in any cause or matter pending before it.
"Both, the husband and the wife are present before us, who are well educated. We had a long interaction with them. We are convinced that they have taken a conscious decision to part as friends. Having regard to the background of the litigations between the parties, we are convinced that there is no point in requiring the parties to wait for another six months," the SCI said.
The SCI noted that during the pendency of the transfer petition, the couple had reached an amicable settlement.The SCI also considered the fact that the man has handed over a Demand Draft for a sum of Rs 12,50,000 to the woman which she has duly acknowledged.
The couple got married in Delhi in 2016 and stayed together for a month. After disputes, they got separated and the man filed a divorce petition.
The woman had also filed a complaint against him at Anand in Gujarat in December 2017.She moved a transfer petition in the SCI through senior advocate Rakesh K Khanna and advocate Dushyant Parashar.
The SCI took note of the terms of settlement and said the marriage has been dissolved by a decree of divorce by mutual consent.
Article 142 of the Constitution deals with the SCI's power to exercise its jurisdiction and pass order as is necessary for doing complete justice in any cause or matter pending before it.
"Both, the husband and the wife are present before us, who are well educated. We had a long interaction with them. We are convinced that they have taken a conscious decision to part as friends. Having regard to the background of the litigations between the parties, we are convinced that there is no point in requiring the parties to wait for another six months," the SCI said.
The SCI noted that during the pendency of the transfer petition, the couple had reached an amicable settlement.The SCI also considered the fact that the man has handed over a Demand Draft for a sum of Rs 12,50,000 to the woman which she has duly acknowledged.
The couple got married in Delhi in 2016 and stayed together for a month. After disputes, they got separated and the man filed a divorce petition.
The woman had also filed a complaint against him at Anand in Gujarat in December 2017.She moved a transfer petition in the SCI through senior advocate Rakesh K Khanna and advocate Dushyant Parashar.
The SCI took note of the terms of settlement and said the marriage has been dissolved by a decree of divorce by mutual consent.
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