Article 142 of Indian Constitution: This article provides that the Supreme Court in exercise of its jurisdiction, may pass such decrees or orders as is necessary for doing complete justice in the matter pending before it. The power under Article 142 is inherent power and can be used for doing complete justice.
In E.S.P. Rajaram vs. Union of India AIR 2001 SC 581, the Supreme Court held that under the Article 142 the Supreme Court has power to pass such decree or make such order as is necessary for doing the complete justice in any case or matter pending before it. The provision contains no limitation regarding the causes or the circumstances in which the power can be excercised not does it lay down any condition to be satisfied before such power is excercised.
Similarly, in State of Mahrastra vs. Sarva Shramik sangh, Sangli AIR 2014 SC 61, The Supreme Court held that it had authority coupled with a duty to pass an appropriate order for doing complete justice under the Article 142 of the Constitution.
Section 25 of Civil Procedure Code, 1908 talks about the Power to transfer suits. Which simply mean on the application of a party if the Supreme Court (at any stage) is satisfied that an order under this section is expedient for the ends of justice, then it can direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.
1. In Anisha Arjun Raj vs. Arjun Sundar Raj , the transfer petition was filed by Petitioner wife before Supreme Court seeking the transfer of the case filed by the Respondent-husband in the Court of II Additional Principal Judge, Family Court at Bangalore, Karnataka to the Court of Principal Judge, Family Court, Chennai, Tamil Nadu. However, the case referred for the mediation adn later in the settlement agreement was arrived between the parties at the the Tamil Nadu Mediation and Conciliation Centre, High Court Madras on 13.12.2019. The parties have agreed to abide by the terms of settlement.
Further, the balance permanent alimony sum has since been deposited in the bank account of the petitioner by the respondent and accordingly it is submitted that the marriage between the parties be dissolved on the basis of payment of permanent alimony of a sum of Rs.7,50,000/- (Rupees Seven Lakhs Fifty Thousand only) to the petitioner, in full and final settlement of all monetary claims, between the parties.
The Supreme Court in exercise of its power under Article 142 of the Constitution of India annuled the marriage of the parties. [June 3 2020, Bench of Hrishikesh Roy]
2. Later on 11th June Justice S. Ravindra Bhat in Anushewta Kumari vs. Sanjeet Kumar Agarwal , dissolved marriage in exercise of this Court power under Article 142 of the Constitution of India.
Earlier, the paties has requested the Hon’ble Supreme Court to dissolve their marriage by mutual consent in terms of the settlement under Section 13(b) of the the Hindu Marriage Act and under Article 142 of the Constitution.
3. In Madhuri Jajoo vs. Manoj Jajoo, the transfer petition was filed before the Supreme Court to transfer the case from district Court of one State to another State. However, the Supreme Court (order dated 23.09.2019) referred the parties to the Supreme Court Mediation Centre. The Supreme Court Mediation Centre conducted mediation and the parties reached to an amicable settlement. Under the terms of the settlement, a joint application has been made by the parties praying for a decree of dissolution of marriage by mutual consent by invoking jurisdiction under Article 142 of the Constitution of India. Under the terms of the settlement, a sum of Rs.57,50,000/- (Rupees fifty seven lac fifty thousand only) is liable to be paid by the respondent (husband) to the petitioner (wife). Accordingly the amount was paid by the respondent (husband).
Therefore, the Bench of Justice V. Ramasubramanian (Supreme Court) dismissed the transfer petition and dissolved the marriage by a decree of divorce by mutual consent. Also, the Court directed to quashing of all the proceedings pending before all courts between the parties [12th June 2020]
1. TRANSFER PETITION (CIVIL)NO. 957/2018
2. TRANSFER PETITION (C) NO. 3008 OF 2019
3. TRANSFER PETITION (CIVIL) NO. 833 OF 2019