Case Note & Summary
The Supreme Court of India, in a significant judgment, addressed the scope of its powers under Article 142 of the Constitution concerning divorce proceedings under the Hindu Marriage Act, 1955. The case arose from a reference made by a two-judge bench regarding the ability of the Supreme Court to waive the six-month waiting period for filing a second motion for divorce by mutual consent as stipulated in Section 13-B of the Act. The court noted that previous judgments had created conflicting interpretations regarding the exercise of this power. The Attorney General suggested that the court consider whether divorce could be granted on the ground of irretrievable breakdown of marriage, even if not explicitly provided for in the statute. The Constitution Bench ultimately formulated several questions of law, including the broad parameters for exercising powers under Article 142 and whether the court could grant divorce despite one party's opposition. The court emphasized that while it has wide powers to ensure complete justice, such powers must be exercised with restraint and in accordance with fundamental public policy. The court concluded that it could grant divorce in cases of irretrievable breakdown of marriage, even against the wishes of one spouse, thereby affirming its jurisdiction under Article 142 to dispense with statutory requirements when necessary to achieve justice.
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 provisions under certain circumstances. The court emphasized that while exercising this power, it must consider fundamental principles of public policy and cannot ignore substantive law. Held that the power under Article 142 is expansive but must be exercised with caution (Paras 8-12). B) Family Law - Divorce by Mutual Consent - Waiver of Statutory Period - Hindu Marriage Act, 1955, Section 13-B - The court examined whether it can dissolve a marriage without adhering to the mandatory waiting period prescribed for divorce by mutual consent. It was held that the court can exercise its jurisdiction under Article 142 to grant divorce in cases of irretrievable breakdown of marriage, even if one party does not consent, provided it serves the ends of justice (Paras 6-14).
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 held that it has the jurisdiction under Article 142 to grant divorce by mutual consent and waive the statutory waiting period in cases of irretrievable breakdown of marriage, emphasizing the need for complete justice.
Law Points
- Article 142
- Hindu Marriage Act
- 1955
- divorce by mutual consent
- irretrievable breakdown of marriage
- statutory provisions
- complete justice
