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SC Invokes Article 142 to Grant Divorce, Restrains Couple From Filing Any Case Against Each Other

A bench headed by Justice Kurian Joseph made it amply clear to both that they must make certain that their daughter is not rendered a victim after the end of their legal status.

Utkarsh Anand | CNN-News18

Updated:July 23, 2018, 10:28 AM IST
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SC Invokes Article 142 to Grant Divorce, Restrains Couple From Filing Any Case Against Each Other
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New Delhi: The Supreme Court has helped an estranged couple come out of their acrimonious marital relationship, but with a strong reminder.

A bench headed by Justice Kurian Joseph made it amply clear to both that they must make certain that their daughter is not rendered a victim after the end of their legal status.

"Before we close this petition, we remind both the petitioner (husband) and the respondent (wife) that though they have severed their marital relationship, for their daughter, 'E' continues to be her father and 'S' continues to be her mother," stated the Court in its order.

It emphasised: "The daughter is entitled to the love and affection of both the parents and their families."

The bench also counselled the daughter, who was present in the Court, to keep loving and respecting both her parents, for they loved her as parents irrespective of their personal differences.

"The daughter also has a duty to respect love and reciprocate the love and and affection from both the parents and their families," said the bench in its order.

While dissolving the marriage on the ground of mutual consent, the Court also restrained both the man and the woman from instituting any civil or criminal proceedings pertaining to this
matrimonial dispute without its permission.

The man had moved the Supreme Court for restitution of conjugal rights but during the course of the proceedings, both appealed for dissolution of the marriage based on joint term of settlement.

"We have interacted with the parties present before us and we are convinced that they have taken a conscious decision, having been living separately since 2012. Having regard to the background of litigations between the parties, we are of the view that this is a fit case to invoke our special jurisdiction under Article 142 of the Constitution of India," stated the bench, granting divorce.


(Names have been withheld to protect identities)
(Get detailed and live results of each and every seat of the state Assemblies in Madhya Pradesh, Rajasthan, Telangana, Chhattisgarh and Mizoram to know which candidate/party is leading or trailing and to know who has won and who has lost and by what margin. Our one-of-its-kind Election Analytics Centre lets you put on the psephologist's hat. Know interesting facts and trivia about the elections. Elections = News18)
| Edited by: Ashutosh Tripathi
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