Case Note & Summary
The Supreme Court of India addressed significant questions regarding its jurisdiction under Article 142 of the Constitution in the context of divorce proceedings under the Hindu Marriage Act, 1955. The case arose from a previous order that questioned whether the mandatory six-month waiting period for a second motion in divorce cases could be waived. The court noted that this issue had not been conclusively decided in earlier cases, leading to the referral of the matter to a larger bench for clarity. The court examined the scope of its powers under Article 142, which allows it to pass orders necessary for doing complete justice. It recognized that while it has broad discretion, this power must be exercised judiciously and should not contravene established statutory provisions unless absolutely necessary. The court also highlighted the importance of balancing the rights of the parties involved, particularly in cases of irretrievable breakdown of marriage. Ultimately, the court sought to clarify the parameters within which it could exercise its jurisdiction to grant divorce by mutual consent, potentially bypassing the statutory waiting period when justified by the circumstances of the case. The decision underscored the court's role in ensuring justice while respecting legislative frameworks.
Headnote
A) Constitutional Law - Jurisdiction under Article 142 - Scope of Power - Article 142 of the Constitution of India - The Supreme Court has the power to do complete justice in any cause or matter pending before it, which includes the ability to waive statutory periods under certain circumstances. The court emphasized that this power must be exercised with caution and should not disregard substantive law unless necessary to achieve justice (Paras 1-19).
Issue of Consideration
Whether the period prescribed in sub-section (2) of Section 13-B of the Hindu Marriage Act, 1955 can be waived or reduced by this Court in exercise of its jurisdiction under Article 142 of the Constitution.
Final Decision
The Supreme Court recognized its jurisdiction under Article 142 to waive the statutory waiting period for divorce in cases of irretrievable breakdown of marriage, emphasizing the need for caution in its exercise of power.
Law Points
- Article 142
- Hindu Marriage Act
- 1955
- divorce by mutual consent
- irretrievable breakdown of marriage
- statutory provisions
- judicial discretion
