Article 142 allows waiver of mutual divorce cooling-off period when settlement is complete and reconciliation has failed.

In an irreconcilable matrimonial dispute, the Supreme Court held that where the spouses had already completed the first motion for mutual consent divorce, freely settled all monetary and ancillary disputes, and the Family Court found no coercion or undue influence, the statutory cooling-off period under Section 13-B(2) of the Hindu Marriage Act could be waived. The Court applied Article 142 to do complete justice, noting that reconciliation had failed and that the waiting period would have defeated the settlement and prolonged the parties' inability to remarry. The cooling-off period was waived and a decree of divorce by mutual consent was granted.

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Issues: Whether the statutory cooling-off period under Section 13-B(2) of the Hindu Marriage Act, 1955 could be waived and a decree of divorce by mutual consent granted by exercising power under Article 142 of the Constitution of India.

Analysis: The parties had already obtained the first motion under Section 13-B(1) of the Hindu Marriage Act, 1955, settled all monetary and ancillary disputes, and the Family Court had recorded that reconciliation had failed and consent was free from coercion or undue influence. The respondent was required to leave the country for employment, making the statutory waiting period likely to defeat the settlement and prolong the parties' inability to remarry. In these circumstances, the Court applied its extraordinary power under Article 142 to do complete justice, treating the case as one where the normal statutory period should not stand in the way of an effective settlement.

Conclusion: The cooling-off period was waived and a decree of mutual divorce was granted, dissolving the marriage by mutual consent.

Ratio Decidendi: In an irreconcilable matrimonial dispute before the Supreme Court, where the parties have freely settled their claims and reconciliation is not possible, Article 142 may be invoked to waive the statutory cooling-off period and grant divorce by mutual consent to do complete justice.

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