Direct Divorce from Supreme Court सुप्रीम कोर्ट से सीधा तलाक कैसे मिलेगा

Direct Divorce from Supreme Court सुप्रीम कोर्ट से सीधा तलाक कैसे मिलेगा
सुप्रीम कोर्ट से सीधा तलाक कैसे मिलेगा, क्या क्या करें और कैसे करें सभी कुछ विस्तार से समझाया गया है।
Direct Divorce from Supreme Court can be obtained by exercising its powers under Article 142 of the Constitution of India in the cases where the supreme court of India is satisfied the marriage of the parties has broken down permanently and there are no chances of their living together as husband and wife now. It has earlier laid down the specific criteria's for such cases. Some of the necessary preconditions for Direct Divorce from Supreme Court already stipulated by the Supreme Court in this regard are as under:
i) The parties should be separated from each other since last six years.
ii) There should be multiple cases between the parties.
iii) Attempts by the courts for mediation has been made.
iv) The issues regarding custody of children and maintenance has been decided by the courts.
v) The court feels that it is not possible for the parties to live as husband and wife anymore and their marriage has broken down irretrievably.
Direct Divorce from Supreme Court cases can be granted by the Supreme Court while hearing any transfer petition can grant a decree of divorce in exercise of its powers under Article 142 of the Constitution of India.
Article 142 of the Constitution of India prescribes the original powers of the Supreme Court. These powers are aimed at ensuring complete justice and enabling the court to effectively administer justice in cases where no specific law exists or where there is a conflict between laws. The powers conferred by Article 142 are as follows:
Enforcement of decrees and orders: The Supreme Court has the power to enforce its own decrees and orders. This means that if the court issues a judgment or order, it can take steps to ensure that the judgment or order is implemented and complied with.
Complete justice: The Supreme Court has the authority to pass any order necessary for doing "complete justice" in a case. This power allows the court to issue directions or orders that may not be directly provided for by existing laws but are required to do complete justice in a particular situation.
Avoiding multiplicity of proceedings: Direct Divorce from Supreme Court can be granted by the supreme court in orders to prevent the institution of multiple proceedings in different courts on the same matter. This power is exercised to avoid conflicting judgments and to ensure that the resolution of a particular issue is done effectively and expeditiously.
Transfer of cases: The Supreme Court can transfer cases from one High Court to another or from one court to another within the same High Court jurisdiction. This power is exercised to ensure fair and impartial trials or to expedite the disposal of cases.
Jurisdiction in inter-state disputes: The Supreme Court has the power to adjudicate in disputes between states of India. This authority helps resolve conflicts or disputes between different states of the country.
Special leave to appeal: The Supreme Court can grant special leave to appeal against any judgment, decree, determination, sentence, or order in any cause or matter, whether passed or made by any court or tribunal in India. This power allows the court to entertain appeals and review decisions of lower courts in exceptional cases.
It is important to note that while Article 142 grants these powers to the Supreme Court, the court exercises these powers judiciously and in accordance with the principles of justice, fairness, and the overall scheme of the Constitution.
It is however important to state that Direct Divorce from Supreme Court is not possible when the couples go to the Supreme Court directly to obtain a decree of divorce. The Constitutional bench of the Supreme Court has decided that the powers under Article 142 of the Constitution of India can be invoked in the above stated circumstances.
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