The Supreme Court, in May 2023, observed that it can give divorce on the ground of irretrievable breakdown of marriage by exercising its discretionary power under _____________.
Show answer & explanation
Correct answer: C
Explanation
The correct answer is option 3 i.e. Article 142 of the Constitution of India.
The Supreme Court, in May 2023, observed that it could grant a divorce on the grounds of irretrievable breakdown of marriage by exercising its discretionary power under Article 142 of the Indian Constitution.
Article 142 empowers the Supreme Court to pass decrees or orders necessary to do "complete justice" in any case before it. This provision allows the court to provide remedies even in cases where no explicit legal provision exists, enabling it to dissolve marriages in situations where the relationship is beyond repair and cohabitation is no longer possible.