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Understanding Article 142 and the Debate Over the Supreme Court's Power to Grant Divorces

Photo by  IƱaki del Olmo  on  Unsplash T he Supreme Court of India is currently deliberating on a case concerning its powers under Article 142 of the Indian Constitution to grant divorces. This case has significant implications for divorce laws in India and for the separation of powers between the judiciary and the legislature. Article 142 of the Indian Constitution empowers the Supreme Court to pass any order necessary to do "complete justice" in any matter pending before it. In recent years, the Supreme Court has used its powers under this article to grant divorces in cases where personal laws are inadequate or discriminatory. However, some legal experts have argued that the use of Article 142 to grant divorces undermines the principle of separation of powers between the judiciary and the legislature. They argue that divorce laws should be formulated by the legislature and not by the judiciary, as the legislature is better equipped to consider the social, cultural, and ...