Manish Goel Vs. Rohini Goel
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Head Note
Constitution of India, 1950 - Article 142
Scope of exercise of power by Supreme Court under Article 142 of Constitution - Held - In exercise of the power under Article 142 of the Constitution, Supreme Court generally does not pass an order in contravention of or ignoring the statutory provisions nor the power is exercised merely on sympathy.
The Hindu Marriage Act, 1955 - Section 13-B 1 , Section 12 , Constitution of India, 1950 - Article 142 , Article 136
Marriage broken down within a period of 3 month of marriage - Husband filing petition for dissolution of marriage under Section 12 at Gurgaon - Parties therefore entering into compromise and filing divorce petition by mutual consent at Delhi under Section 13B(1) - Application by parties to waive statutory period of six months rejected by Family Court vide order dated 1.12.2023 - Petitioner filing petition before Supreme Court under Article 136 of Constitution of India for waiving the period because Supreme Court could waive the period of 6 months in exercise of power under Article 142 of Constitution of India and not the High Court - Petition however, rejected in this case - Held - (1) There is no vested right of a party to approach this Court for the exercise of such a vast discretion, however such a course can be resorted to when this Court feels that it is so warranted to eradicate injustice. (2) To exercise power under Article 136 there should be a question of law of general public importance or a decision which shocks the conscience of the Court are some of the prima requisites for grant of special leave. (3) The power under Article 136 cannot be used to short circuit the legal procedure prescribed in overriding power. (4) Acting under Article 142, the Supreme Court cannot pass an order or grant relief which is totally inconsistent or goes against the substantive or statutory enactments pertaining to the case.
Topic(s)-Dissolution of marriage