Supreme Court of India used the Article 142 of the constitution to permit a couple to part way after waiving the mandatory 6-month waiting period for divorce. Justice Kurian Joseph and SK Kaul made this judgment. “Both, Husband and wife are present before us, who are well educated. We had a king interaction with them. We are convinced that they have taken a conscious decision to part as friends. Having regard to the background of the litigations between the parties, we are convinced that there is no point in requiring the parties to wait for another six months”.

What does Article 142 say?

Enforcement of decrees and orders of Supreme Court and unless 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 orders 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 order prescribe

Supreme Court of India noted that the couple had reached a settlement in an amicable manner during the pendency of the transfer petition. The court also regarded the face that woman has duly acknowledged that the man has given her a DD of Rs. 12,50,000.

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