The Role of Maintenance and Custody in Divorce

The divorce rate in India is about 1.1 per cent, one of the lowest in the world. Census 2011 figures however, show that the population that is ‘separated’ for various reasons, is almost triple the divorced number. On May 1, the Supreme Court held that it could grant divorce by mutual consent and spare couples the “misery” of having to wait usual period of six to 18 months. This was done under Article 142 of the Constitution, which gives the Supreme Court the power to use any means to render “complete justice” between parties. So what does this judgement mean for divorce laws in the country? Will it set a precedent for lower courts to do away with the mandatory period as well? Why did the Court say that would not be a matter of right but of discretion, to be exercised with care and caution?

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