Can a lower court also dissolve a marriage based on irretrievable breakdown of marriage using any law or article 142 as done by supreme court ? Can a lower court be directed or given power by the supreme court to dissolve a marriage by appealing to the supreme court ?
1) lower court cannot dissolve marriage based on irretrievable breakdown of marriage
2) irretrievable breakdown of marriage' is not a ground for divorce under HMA
3) SC can under it’s inherent power under article142 dissolve marriage based on irretrievable break down of marriage
Marriage can be dissolved only by such a decree of family court and no other court. In case of second appeals to SC as against first appeal decree of HC, can SC pass a decree of dissolution of marriage. However, this has nothing to do with Art. 142 of Constitution. You have completely misread the scope, purpose, intent and objectives of the stated article and also have erred grossly in interpreting it.
Yes, lower court can dissolve marriage as per law, only on one condition that both spouse should be living separately from each other atleast 7 years.
No lower court has no jurisdiction and power to entertain any petition or suit or any application under article 142 it's power of SC only. Lower court cannot also pass any such order.
You have to file proper divorce se per the procedure.
No court except the Supreme court can dissolve on the ground of irretrievable braking down of marriage by taking aid of Article 142.
Only the Supreme Court is empowered to take resort of this section can dissolve the marriage for ends of substantive justice.
This power is to be exercised by the Supreme alone and can not be delegeated to any other except it.
The lower courts are not empowered to pass a decree of divorce on the grounds of irretrievable breakdown of marriage.
The Supreme Court in Savitri Pandey v. Prem Chandra Pandey21 held that marriage between the parties cannot be dissolved only on the averments made by one of the parties that as the marriage between them has broken down, no useful purpose would be served to keep it alive.
Under article 142:
Article 142 of the Indian Constitution gives the Supreme Court the power to pass an order that it deems necessary to provide complete justice.Article 142 of Constitution of India deals with Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc.It states that the Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
Therefore the inherent powers under the said article vests only with the supreme court.
court cannot grant divorce on the mere ground of irretrievable breakdown of marriage..
- As per Hindu Law, irretrievable breakdown of marriage is not considered as a valid ground for divorce.
- Further, this ground cannot be taken by any other Court including High Court, and only this ground can be taken by the Supreme Court only for granting the divorce in exercise powers under Article 142 of the Constitution of Indi
1. Only the Supreme Court can do it.
2. Supreme Court can give the power to any trial court to do so.
Yes it can get you a divorce decree
No lower court cannot take jurisdiction of section which are specifically designed with powers to supreme court.
No, only SC. This power only vest in SC, no delegation.
