Invoking Article 142, the Supreme Court dissolved an irretrievably broken marriage, holding that its continuance would only prolong agony. The Court granted divorce despite trial and High Court findings, stressing complete justice over rigid statutory grounds of law.
The Supreme Court observed that “compelling a dead marriage to continue only perpetuates mental agony and societal burden,” while granting divorce under Article 142, citing irretrievable breakdown and loss of mutual respect.
Yesterday, On 19th December, The Supreme Court emphasized the need for strict laws to protect women and said marriage should not be seen as a business deal. The bench pointed out that laws related to rape, criminal intimidation, and cruelty against married women are sometimes misused together, which has been criticized in earlier judgments. It called for steps to stop such misuse while ensuring fair treatment for real victims.
Delhi High Court directs Arya Samaj Temples to ensure genuine marriage witnesses, emphasizing relatives or long-time acquaintances. Court voided a marriage due to false affidavits on the uncle’s marital status. Girl of legal age refused to accompany petitioner, court states no further orders, but uncle’s wife is free to pursue criminal complaint and police can investigate.
The Supreme Court emphasized the necessity of conducting essential rituals for a valid Hindu marriage under the Hindu Marriage Act. They clarified that a mere marriage certificate does not establish a valid marriage without the required ceremonies. The ruling stresses the significance of traditional rites and ceremonies in upholding the sanctity of Hindu marriages.
The Allahabad High Court noted that the ritual of ‘Kanyadan,’ where the father of the bride traditionally ‘gives away’ his daughter to the groom, is not a mandatory ceremony for the validation of a Hindu marriage.
