Article 142 power in matrimonial cases allows complete justice, including divorce by settlement and exceptional relief for broken marriages.

Article 142(1) confers a broad equitable power on the Supreme Court to do complete justice, including departing from procedure and, in a proper case, relaxing substantive law, but not in a manner that violates fundamental public policy or express statutory prohibitions rooted in that policy. In matrimonial settlements, the Court may grant divorce by mutual consent without insisting on the second motion under Section 13-B(2) where the settlement is genuine and comprehensive, and may also terminate connected proceedings. In exceptional cases where the marriage is irretrievably broken and beyond salvage, the Court may grant divorce under Article 142(1) even if one spouse objects, subject to careful, discretionary assessment of justice in the case.

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Issues: (i) The scope and ambit of the Supreme Court's power under Article 142(1) of the Constitution of India; (ii) Whether, on settlement between parties, the Court can grant divorce by mutual consent under Article 142(1) without insisting on the waiting period and procedure under Section 13-B of the Hindu Marriage Act, 1955, and also quash connected proceedings; (iii) Whether the Court can grant divorce under Article 142(1) on the ground of irretrievable breakdown of marriage even when one spouse opposes it.

Issue (i): The constitutional power under Article 142(1) is a wide equitable power meant to do complete justice in a cause or matter. It is not controlled by ordinary statutory limitations, but its exercise must respect fundamental general and specific public policy. The Court must consider the substantive law and cannot ignore express prohibitions rooted in fundamental public policy, yet it may depart from procedure and, in a proper case, even relax the operation of substantive law to prevent injustice.

Conclusion: The power under Article 142(1) is expansive and may be exercised beyond procedural rules, subject to restraint, public policy, and the need to do complete justice in the cause or matter.

Issue (ii): In matrimonial disputes resolved by genuine settlement, the Court may grant a decree of divorce by mutual consent under Article 142(1) without compelling the parties to undergo the statutory second motion under Section 13-B(2). The Court may also bring an end to allied proceedings, including criminal and other connected actions, where the settlement is voluntary and comprehensive and the relevant safeguards are satisfied.

Conclusion: Yes. The Court can dissolve the marriage by mutual consent under Article 142(1) without following the second-motion procedure, and may also quash connected proceedings in an appropriate case.

Issue (iii): In exceptional matrimonial cases, where the marriage is found to be wholly unworkable, emotionally dead, and beyond salvage, the Court may grant divorce under Article 142(1) on the ground of irretrievable breakdown even if one spouse opposes the relief. The power is discretionary and must be exercised with great care, after assessing the length of separation, attempts at reconciliation, the nature of allegations, financial and child-related consequences, and the overall justice of the case.

Conclusion: Yes. The Court may grant divorce on the ground of irretrievable breakdown of marriage under Article 142(1) despite opposition by one spouse, if complete justice so requires.

Final Conclusion: The reference is answered by affirming the Court's equitable power to dissolve a marriage and to give comprehensive relief in matrimonial matters, including by dispensing with procedural formalities where the statutory conditions and the demands of justice are satisfied.

Ratio Decidendi: Article 142(1) empowers the Supreme Court to mould relief in matrimonial disputes to do complete justice, including dispensing with procedural requirements and granting divorce in exceptional cases, so long as the exercise of power does not violate fundamental public policy or an express statutory prohibition rooted in such policy.

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