In which of the following cases, the Supreme Court held that "No Court except Supreme Court is…
Anil Kumar Jain distinguishes the Supreme Court’s Article 142 power to do complete justice from ordinary courts’ powers under section 13B. Although the wife withdrew…
Choose your answer
In which of the following cases, the Supreme Court held that "No Court except Supreme Court is competent to pass a decree for mutual consent divorce if one of the consenting parties withdraws his/her consent before the decree for mutual consent is passed to do complete justice to the parties"?
Answer and explanation
Correct answer A
Anil Kumar Jain distinguishes the Supreme Court’s Article 142 power to do complete justice from ordinary courts’ powers under section 13B. Although the wife withdrew consent, the Supreme Court granted relief in the exceptional facts. Other courts could not invoke Article 142 to disregard the withdrawal.
Current law: Shilpa Sailesh (2023) confirms and elaborates the Supreme Court’s exceptional discretion, including dissolution for irretrievable breakdown without mutual consent. Ordinary matrimonial courts do not acquire Article 142 powers.
Practice for these exams
-
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Himachal Pradesh Judicial Services
-
CUET PG Law (LL.M.)
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision