EXERCISE OF INHERENT POWER BY THE SUPREME COURT OF INDIA TO DO COMPLETE JUSTICE WITH SPECIAL REFERENCE TO DIVORCE MATTERS UNDER THE HINDU MARRIAGE ACT – A CRITICAL ANALYSIS

Abstract

Driven by the Latin maxim ‘Fiat justitia ruat cælum’, the Supreme Court of India has displayed inconsistency over the years regarding the interpretation of Article 142 of the Constitution of India. This is quite evident from the numerous judicial pronouncements of the Supreme Court. The reason of it being the exercise of this inherent power under Article 142 of the Constitution of India is left completely to the discretion of the Apex Court. This has resulted in the judicial attitude of going overboard with the use of ‘complete justice’ in its desire to administer justice in the appropriate cases before it and particularly in divorce matters. The moment has arrived to put our thoughts to whether this judicial adventurism by the Supreme Court in its pursuit to do justice needs to be circumscribed. However, it will be possible only when the debatable question of whether Article 142 of the Constitution of India can be invoked to pass a direction or order, which is contrary to the express statutory provisions, is settled finally. This can be studied by critically analysing the judgements rendered by the Supreme Court in divorce matters.