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As per the case facts a Constitution Bench was convened to determine if the Supreme Court could use its powers under Article to waive the six-month waiting period for mutual
...consent divorce under the Hindu Marriage Act a practice some courts had adopted when cohabitation was impossible The question arose whether the Supreme Court under Article of the Constitution can waive or reduce the statutory six-month waiting period for a second motion in mutual consent divorce cases under Section -B of the Hindu Marriage Act and generally clarify the scope of Article in matrimonial disputes Finally the Supreme Court affirmed its broad power under Article to do complete justice including dissolving marriages where there's no chance of reconciliation even if the statutory cooling-off period hasn't passed This power must be exercised cautiously considering the specific circumstances of the parties involved
Bench
Applied Acts & Articles
Enforcement of decrees and orders of the Supreme Court andorders as to discovery, etc