The Supreme Court of India held love marriages accountable for most divorces in India. A bench of Justices BR Gavai and Sanjay Karol made the observation while hearing a transfer petition of a matrimonial dispute. Justice Gavai in this regard stated that most divorces are arising because of love marriages, when he came to know that the marriage is a love marriage.
The court proposed a mediation between the couple to which the husband disagreed. The bench later gave the judgment that it could grant a divorce without his consent. It is known that the apex court said it can exercise its powers under Article 142(1) of the Constitution to grant a divorce on the ground of “irretrievable breakdown” of a marriage, whether by mutual consent or even if one of the parties opposes.
Of course, a five-judge constitution bench headed by Justice S K Kaul opined that the Supreme Court should be fully convinced that the marriage is totally unworkable, emotionally dead, and beyond salvation.
