Civil Procedure Code (CPC)

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siva (nil)     02 October 2012

Article 142

 

Wat is article   142   of   the    Constitution?
Any relation with under Section  13-B  13-B.Divorce by mutual consent 


 3 Replies

Tajobsindia (Senior Partner )     02 October 2012

1. Article 142 in The Constitution Of India

 

“142. 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

 

(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.”

 

2. S. 13 as well as S. 13 B HMA matters complete justice are also done by Hon’ble SC using Art. 142 COI if such matters are pending before it.


(Guest)

The power under Article 142 can be exercised in respect of any proceeding before the Supreme Court for doing complete justice.

 

Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court

AEJAZ AHMED (Legal Consultant/Lawyer)     02 October 2012

 

 

I st part of Your Question

142.   (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 order 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.

(2)      Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.

 

Ø  Article 142 empowers the Supreme Court to pass such decree or order as may be necessary for doing complete justice in any cause or matter that is pending before it.

 

For more and detail information You can see in the links:

https://www.lawisgreek.com/article-142-of-the-constitution-of-india-and-the-inherent-powers-of-the-supreme-court?goback=.gde_1100797_member_49774601

II nd part of Your Question

A question which has often arisen for consideration before the Supreme Court is whether the Supreme Court can, in exercise of its inherent power under Article 142 of the Constitution of India, waive the six-month period as mandated by Section 13-B (2). This question has consistently been answered, either impliedly or expressly, in the affirmative, to the relief of many who are eager for an immediate divorce. In numerous cases, mostly arising out of a transfer petition (filed by the wife or husband for transfer of cases from one state to another), the Supreme Court has often successfully persuaded parties to settle their matrimonial disputes and as per the terms of settlement, the parties move an application before the Supreme Court for divorce by mutual consent. The Supreme Court has thereafter immediately allowed such applications, granting the parties divorce in exercise of its power under Article 142 and hence impliedly waiving the six-month period between the first and the second motion.

 

For more and detail information You can see in the links: https://mylaw.net/Article/Divorce_by_mutual_consent_and_Article_142/

 


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