The Supreme Court has the power to do complete justice in a matter before it, under the provisions of Article 142 of the Constitution. Such exemption from the compulsory period of 6 months in a mutual consent divorce is given by the Supreme Court only in some rare cases under Article 142 of the Constitution “for doing complete justice”. As far as I understand, it has been done by the Supreme Court in not more than 10 to 20 cases. However, this concession is not available in general or in all cases. In normal cases, the requirement of minimum 6 months’ waiting period for mutual consent divorce is still applicable. This is so because Section 13-B of the Hindu Marriage Act lays down this mandatory period of 6 months, which is the law of the land. Also because, the High Courts and other courts have no such power similar to the power given to Supreme Court under Article 142 of the Constitution.
Article 142 of the Constitution is reproduced below for your information:
“142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.—(1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order1 prescribe.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.”
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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