Hindu Marriage Act, 1955 — Ss. 13 and 13-B — Divorce — Irretrievable breakdown of marriage —
Exercise of power by Supreme Court under Art. 142 of the Constitution, to dissolve marriage in such cases: There is no necessity of consent by both parties, for exercise of powers under Art. 142 of the Constitution to dissolve marriage on ground of irretrievable breakdown of marriage. Where neither grounds specified under S. 13 for divorce established nor mutual consent between parties as per S. 13-B exists (wife being unwilling for divorce in this case) and all efforts to save marriage failed, Supreme Court, considering facts and circumstances of the case on being satisfied that marriage has irretrievably broken down, can dissolve such marital relationship which is already dead, with a view to do complete justice between parties in exercise of power under Art. 142 of the Constitution.
