New Delhi: As irreparable marriage solutions have not been given legal support as a place to provide divorce by changing the law even though recurring the recommendation of the Law Commission starting from 1978, it is the Supreme Court who has been the last home to get a dissolved marriage and court For years of asking for years, especially based on Article 142 of the Constitution to provide divorce in cases where marriage has exceeded improvement.
The day after the top trial ended the old legal battle of two decades with a partner to dissolve the marriage that did not even take off with his wife who left the husband on the wedding day itself, it again raised his strength under article 142 to do justice and gave divorce as husband and wife had Living separately for the past 16 years and the marriage was almost dead.
As the opposite parties in both cases that opposed the dissolution of marriage despite living separately for years, the APEX court begged Article 142 and said the court could dissolve marriage as irreparable only when it was impossible to save marriage, all efforts have been made In that case, the court was convinced beyond doubts that there was actually no possibility of a wedding to survive, and it was damaged outside the repair.
Allowing a request for a police officer from West Bengal, the Plea of ​​the divorce was not permitted by a family and HC court, the judiciary of L Nageswara Rao and Br Gavai said that the husband and wife were living separately for more than 16 years and that.
It is not possible for them to live together again under one roof as a partner.
When the wife was not represented by any lawyer, the court appointed Advocate Ranjan Mukherjee as Amicus Curiae to talk to him but he could not persuade him for a friendly settlement.
Appealed for dissolution, senior advocate Nikhil Nayyar, appearing for police officers, said the marriage was dead for all practical purposes.
“After researching the recorded material and considering the submission made by Nikhil Nayyar and Ranjan Mukherjee, without commenting on the services of this issue, marriage between the parties died emotionally and there was no point in persuading them to live together again.” Therefore, this is the case Fit to carry out jurisdiction under Article 142 of the Indian Constitution.
The marriage between the parties was dissolved, “the bench said.
The court also asked the husband to pay Rs 25 lakh to his wife as the full and final settlement.