Divorce can be granted even if spouse retracts: SC

Under Article 142 of the Constitution,the Supreme Court enjoys extraordinary powers to pass any order/directions/ judgements to do justice to citizens or any party in a dispute before the court.

In the present case,the apex court passed the decree of divorce after noticing that the estranged wife Maya Jain initially agreed to a divorce on the condition that she would get certain properties of the husband transferred in her name.

But once the property was transferred in her name,she withdrew her consent,thus frustrating the efforts of the husband to obtain divorce.

The wife took the stand that neither she wanted a divorce nor had the intention to stay with the husband and yet insisted that she would not allow him to have divorce by “mutual consent” as initially agreed to by her before the transfer of the property.