SC again invokes Article 142 of Constitution to grant divorce by Mutual Consent [Read Judgment]

In yet another exercise of power under Article 142 of the Constitution of India to do ‘complete Justice’, the Supreme Court has granted a decree of divorce by mutual consent to a couple, by waiving the statutory period of waiting.

The Bench comprising of Justices Kurian Joseph and RF Nariman observed: “Having regard to the background of the several litigations between the parties over a period of five years, background of the parties living separately for more than five years, submission of Mr. Vivek Kumar Varinder Wadhera that he has to go back to his work place in U.S.A and also having regard to the submission of Aditi Vivek Kumar Wadhera that she has now to think of her future, we are of the view that it is a fit case to invoke our jurisdiction under Article 142 of the Constitution of India and grant a decree of divorce by mutual consent by waiving the statutory period of waiting.”

The Couple submitted before the Court that they have settled the disputes between them with regard to cases they filed against each other. The court has quashed all the criminal cases pending between them and has made clear that there shall not be any restraint on the travel of both the parties on account of the same.

Three months ago, the same bench of Apex Court, in another case, had invoked Article 142 to waive of cooling off period for Divorce by Mutual consent.

Read the Judgment here.