SC Orbiter Dicta
When a lawyer in the case revealed that the marriage was a love marriage, the Supreme Court divisional bench of Justices BR Gavai and Sanjay Karol was considering a transfer petition arising out of a matrimonial conflict. The divisional bench ruled that it had observed that divorces frequently result from unions of love.
In 1869, a draft of the Indian Divorce Act was introduced into Indian law. The process and laws surrounding divorce in India vary depending on the couple’s culture. As previously mentioned, the Indian Divorce Act, of 1869 governs divorce among Christians, the Hindu Marriage Act, 1955 governs it for Hindus, Buddhists, Sikhs, and Jains, the Dissolution of Muslim Marriages Act, of 1939 governs it for Muslims, the Parsi Marriage and Divorce Act, 1936 governs it for Parsis, and the Special Marriage Act, 1956 governs it for civil and intercommunity marriages. The State of Jammu and Kashmir is not covered by the scope of this divorce Act, however, inhabitants of other states who reside in Jammu and Kashmir are still eligible for these guidelines and requirements.
Observation of Court
The majority of divorces only result from love marriages, said a bench of Justice Gavai in response. The husband objected to the court’s suggestion that they mediate. However, the Court declared that it could award divorce without his assent in light of a recent judgement. The bench thereafter requested mediation.