New Delhi- The Supreme Court on Thursday reserved its judgement on the issue of whether it could exercise its vast powers under Article 142 of the Constitution to dissolve marriages between two parties even when one of the parties does not consent.
“Arguments concluded. Judgement reserved,” said a five-judge Constitution bench headed by Justice Sanjay Kishan Kaul.
The bench comprising Justices Sanjiv Khanna, AS Oka, Vikram Nath, and JK Maheshwari to decide whether it could exercise its powers under Article 142 to dissolve a marriage, what were the broad parameters to exercise such power, and whether the invocation of such extraordinary powers was allowed in the absence of the mutual consent of the parties.
It will also look at whether it can exercise its powers under Article 142 of the Constitution to dissolve marriages between consenting couples without referring them to family courts.
Article 142 of the Constitution deals with the enforcement of decrees and orders of the apex court to provide “complete justice” in just about any case before it.
Senior advocate Indira Jaising, who is assisting the court as amicus curiae, said that courts could “at best attempt a reconciliation in the public interest”, but not force two autonomous people who had voluntarily entered a union to stay together despite their irreconcilable differences.
Senior advocate Dushyant Dave also assisting the court said Supreme Court was not justified in exercising its powers under Article 142 to dissolve marriages since the Parliament had in its wisdom vested the power in district courts and prescribed an appropriate procedure for it.
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