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The Hon'ble Supreme Court of India has held that the inherent powers under Article 142 can be exercised for dissolution of marriage in case where it has broken irretrievably, emotionally dead and beyond salvage even if there is no ground in law to give a divorce.
In this case the Senior Advocate appearing on behalf of the husband argued that the husband and wife have been living seperatly for last 22 years and there is no chance that the marriage can be repaired. Thus, the court has full power to use it's inherent powers under Article 142 of the Constitution in order to grant divorce to the parties to render justice.
On the other hand, advocate for wife rejected this argument and contended that divorce could not be granted without the consent of both the parties even if the inherent powers are exercised by the court under Article 142 irrespective of the fact that the marriage has broken irretrievably.
The court rejected the contention of the wife and observed that the contention of the wife has no substance. If both parties to the marriage are ready for divorce, there is no problem in that and any of the party can move a competent court for justice. but in cases where only one party agrees for divorce the court has to use it's inherent powers under Article 142 of the Constitution. But it also observed that the interest of wife has to protected and it has to be made sure that she is financially independent so that she does not need to depend upon others for her survival. Looking at the present facts and circumstances of the cases it is important for the court to pass the decree of divorce in interest of justice to both the parties.
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