#SupremeCourt Constitution Bench led by Justice Sanjay Kishan Kaul hearing case relating to top court's powers under Article 142 to grant divorce when parties are not consenting. 
Sr Adv Indira Jaising arguing.
Jaising: Judge has to be arbiter, there will always be lack of consent.
Justice Kaul says where the Court has exercised Article 142 powers, it have made sure to put a quietus to the allegations: A blank slate given before granting divorce.
Jaising: Judge has to be arbiter, there will always be lack of consent.
Justice Kaul says where the Court has exercised Article 142 powers, it have made sure to put a quietus to the allegations: A blank slate given before granting divorce.
Justice Kaul: Look at the time period. From the 1990's the time has changed a lot...we have to do innovative thinking.
Justice Khanna points how abroad usually both spouses are working.
Jaising: I India, unfortunately, there aren't enough empirical studies.
Justice Khanna points how abroad usually both spouses are working.
Jaising: I India, unfortunately, there aren't enough empirical studies.
Jaising: In UK, these acts are passed only after conducting proper studies.
Justice Kaul: There is no legislative impact study in this country.
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Justice Kaul: There is no legislative impact study in this country.
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Justice Kaul: I would say that the test of perception used for sexual harassment be used (in divorce cases with allegations made). A more liberal interpretation standard for evidence, it cannot be like a criminal case beyond reasonable doubt. There can be safeguards.
Jaising: This Court has held that you can be living apart even when living together.
There are proxy indicators but they show breakdown.
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There are proxy indicators but they show breakdown.
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After Bench notes even UK took time to allow divorce proceedings with one party not consenting,
Jaisingh said the huge delays in divorce proceedings should be taken into consideration.
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Jaisingh said the huge delays in divorce proceedings should be taken into consideration.
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Jaising: I would put the right to leave a marriage a part of the fundamental right to live with dignity.
Justice Kaul: Principle is same, all fundamental rights have reasonable restrictions.
Jaising: Even gay people have requested the right to marry.
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Justice Kaul: Principle is same, all fundamental rights have reasonable restrictions.
Jaising: Even gay people have requested the right to marry.
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Justicr Kaul: Have my views on that but we can't get into those proceedings here. But peopl have have the liberty to go about their lives in our outside of marriage.
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Jaising: I will try and quickly finish my other points before we break for lunch.
[Reads from pleadings to say Right to association includes organisational and intimate ones.]
[Reads from pleadings to say Right to association includes organisational and intimate ones.]
Jaising: There is no judgment of our court that i know of for a role of an Amicus.
Justice Kaul: In one short sentence, to help us write better.
Bench asks counsel to devise time so as to end it today.
Adv says may not agree on fundamental right aspect, but are for Art 142
Justice Kaul: In one short sentence, to help us write better.
Bench asks counsel to devise time so as to end it today.
Adv says may not agree on fundamental right aspect, but are for Art 142
Sr Adv Dushyant Dave: Article 142 being used even in income tax cases.
Justice Kaul in a lighter vein: You are all depriving us of lunch.
Justice Kaul in a lighter vein: You are all depriving us of lunch.
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