Whether a single-judge Supreme Court can exercise powers under Article 142 of the Constitution to pass a decree of divorce on the basis of mutual consent?
The single-judge bench of Justice Krishna Murari has transferred the above question to a larger bench for consideration while noting:
"The issue as to whether a Judge sitting singly can pass an order granting decree of divorce to the parties on the basis of the Settlement Agreement in exercise of powers conferred under Article 142 of the Constitution of India has been referred for adjudication by a larger Bench"
Justice Aniruddha Bose in his ruling last year has also observed it single bench of Supreme Court cannot invoke power under Article 142 of the Constitution to pass a decree for dissolving a marriage by mutual consent. In this case, the parties to a transfer petition before the Supreme Court filed a joint application for divorce by mutual consent.
Justice Bose in his judgement observed that annulment of marriage will not come under any of the four categories of the cases which can be handled by a single bench as per Order VI Rule (1) of Supreme Court Rules 2013.
"I am of the view that while sitting singly this Court does not have the jurisdiction to take a decision on that plea made in the joint application. One of the preconditions for exercise of jurisdiction under Article 142 of the Constitution of India in passing order or decree for doing complete justice is that the cause or the matter in which the Court intends to invoke the provisions thereof must be pending before it. Annulment of marriage cannot be linked to any cause or matter pending before this Court in the facts of the given case. The transfer petition arose out of matrimonial dispute between the parties, but the expression 'cause or matter pending before it' cannot be stretched to cover all disputes originating from such matrimonial problem that can be resolved by this Court, sitting singly, while hearing a transfer petition."
"I am not expressing any doubt on the jurisdiction of this Court under Article 142 of the Constitution of India to pass decree to dissolve a marriage on consent of the parties without adhering to the timeline and other procedural formalities stipulated in Section 13B of the 1955 Act. But I do not think that while sitting singly, such a decree can be passed having regard to the provisions of the Supreme Court Rules, 2013".
Without referring to Justice Bose's Ruling, a single bench of Justice Abhay S Oka also passed an order holding that a single judge cannot annul marriage exercising powers under Article 142.
Honourable Justice herein, however has observed:
Keeping in view the facts and circumstances and the view taken by the learned Single Judge in Transfer Petition (Civil)No.908 of 2019 by order dated 1st March, 2021, let this matter be placed before the Hon'ble Chief Justice of India for nominating an appropriate Bench for disposal of the matter."
Social media is bold.
Social media is young.
Social media raises questions.
Social media is not satisfied with an answer.
Social media looks at the big picture.
Social media is interested in every detail.
social media is curious.
Social media is free.
Social media is irreplaceable.
But never irrelevant.
Social media is you.
(With input from news agency language)
If you like this story, share it with a friend!
We are a non-profit organization. Help us financially to keep our journalism free from government and corporate pressure
0 Comments