Yes, the Supreme Court of India has the power under Article 142 of the Constitution to dissolve a marriage even if one spouse refuses to consent, if the court finds that the marriage is completely dead and cannot be saved (“Irretrievable Breakdown of Marriage”). However, the court ensures that the wife and children receive fair permanent alimony and maintenance.
4 Things You Must Know About Article 142 Divorce
- Only for the Supreme Court: You cannot ask a District Family Court or High Court to grant divorce on this ground; only the Supreme Court has this constitutional power.
- Ending “Dead Marriages”: If a couple has been living separately for many years (usually 6+ years) and all mediation attempts have failed, the court recognizes that continuing the legal bond causes unnecessary pain.
- No 6-Month Waiting Period: The Supreme Court can waive the mandatory 6-month waiting period to give parties immediate relief.
- Fair Financial Settlement: The court will not grant a divorce until permanent alimony, Stridhan return, and child custody arrangements are properly settled.
To read official central legislation and judgments, visit the India Code Legislative Portal and the Supreme Court of India Portal.
Consult Our Matrimonial & Family Law Team
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Simple Guides to Other Legal Topics:
- Mutual Consent Divorce: Read our guide on Mutual Consent Divorce Under Section 13B Simple Guide.
- Domestic Violence Protection: Review our guide on Protection Orders Under Domestic Violence Act.
- Daughter’s Equal Property Rights: Learn about Daughter’s Share in Ancestral Property Simple Guide.
- Police Station Summon Rules: Read our explainer on Police Summon Notice Rules Under Section 35 BNSS.
- 30-Day Cheque Notice: Read our guide on Cheque Bounced 30-Day Clock Simple Guide.