India: Most divorces arising from love marriages only, says Supreme Court

The Supreme Court of India made a remark on Wednesday that may start a new debate over love marriages in India. The Supreme Court asserted that the majority of divorces in the country are the result of love marriages. In the past as well, the court has made many remarks that didn’t go down well with people, especially the young population.

A two-judge bench of BR Gavai and Sanjay Karol was hearing a transfer petition arising out of a matrimonial dispute. The counsel informed the court that the marriage was a love dispute. The counsel informed the court that the marriage was a love marriage.

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Justice Gavai remarked, “Most divorces are arising from love marriages only,” Bar & Bench reported.

The Bench finally called for a mediation between the couple.

Earlier this month, the top court said it can exercise its powers under Article 142(1) of the Constitution to grant a divorce on the ground of “irretrievable breakdown" of a marriage, whether it is by mutual consent, or even if one of the parties opposes it.

A five-judge constitution bench headed by Justice SK Kaul said it is obvious that the top court should be fully convinced and satisfied that marriage is “totally unworkable, emotionally dead and beyond salvation" and therefore, dissolution of marriage is the right solution and the only way forward.

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The court further said that a marriage that has been irretrievably broken down is to be factually determined and firmly established. In order to do this, several factors are to be considered, such as the period of time the parties had cohabited after marriage, when the parties had last cohabited, and the nature of allegations made by the parties against each other and their family members.

Other factors which are considered during the hearing of divorces cases are:

-orders passed in the legal proceedings from time to time

-cumulative impact on the personal relationship

-how many attempts were made to settle the disputes by the intervention of the court or through mediation

-when the last attempt was made

The top court has the discretion to dissolve a marriage on the ground of “irretrievable breakdown” in the exercise of its plenary power under Article 142 (1) of the Constitution and can grant a divorce by mutual consent while dispensing with the 6-month waiting period mandated under the Hindu Marriage Act, 1995.

(With inputs from agencies)

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