Article 142(1) of the Constitution of India – Supreme Court’s Power to Do Complete Justice
Educational Article by Legal Light Consulting (LLC Lawyer)
The Supreme Court’s power under Article 142(1) allows it to dissolve marriages on the ground of irretrievable breakdown—especially useful for NRIs facing long separations, multiple FIRs, DV/498A cases, or cross-border disputes.
Unlike Family Courts bound by strict statutes, the Supreme Court can grant holistic relief by quashing false complaints, transferring cases, removing LOCs, and ensuring fair settlements.
Recent 2024–2025 judgments show the Court using Article 142 to provide complete justice where reconciliation is impossible, protecting both spouses—especially NRIs—from harassment and prolonged litigation.
For strategic guidance and Supreme Court expertise, Legal Light Consulting (LLC Lawyer) assists with Article 142 divorce petitions, transfer petitions, and 498A/DV settlements.
Understanding Article 142(1)
Article 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…”
This provision grants the Supreme Court extraordinary powers to ensure complete justice in any matter before it.
Key Features of Article 142(1)
- Wide Amplitude: The phrase “such order as is necessary for doing complete justice” gives the Court broad discretion.
- Binding Across India: Any decree or order passed under Article 142(1) is enforceable throughout the country.
- Beyond Statutory Limits: The Court can mould reliefs beyond the strict confines of substantive law when justice demands.
- Objective: To balance equities and resolve disputes in a way that ensures fairness and justice between parties.
Practical Application
- Divorce Cases: The Court has used Article 142(1) to grant divorce on grounds of irretrievable breakdown of marriage, even when statutory provisions under the Hindu Marriage Act do not provide for it.
- Transfer Petitions: In matters under Section 25 CPC, the Court may dissolve marriages or transfer cases to ensure fairness.
- Contempt & Enforcement: Article 142(1) also empowers the Court to enforce its decrees and punish contempt.
Frequently Asked Questions (FAQ)
1. What is Article 142(1) of the Constitution?
It empowers the Supreme Court to pass any order necessary to do complete justice in a case before it.
2. Why is Article 142(1) considered unique?
Because it allows the Supreme Court to go beyond statutory provisions and act as a problem solver, ensuring fairness and equity.
3. How does Article 142(1) differ from Family Court jurisdiction?
- Family Courts: Bound by statutory provisions like the Hindu Marriage Act, requiring proof of fault.
- Supreme Court: Can dissolve marriages or mould relief without proving fault, focusing on justice and reconciliation.
4. Can Article 142(1) be invoked in matrimonial disputes?
Yes. The Supreme Court has granted divorce on irretrievable breakdown of marriage using Article 142(1), even if one spouse opposed it.
5. Is Article 142(1) discretionary or a matter of right?
It is discretionary. Parties cannot claim relief under Article 142(1) as a matter of right; the Court decides based on justice.
6. What types of orders can the Supreme Court pass under Article 142(1)?
- Dissolution of marriage
- Transfer of cases
- Enforcement of decrees
- Directions to balance equities between parties
7. Does Article 142(1) override statutory law?
No. It supplements statutory law. The Court uses it to mould relief when strict application of law may cause injustice.
8. How is enforcement ensured under Article 142(1)?
Orders passed under Article 142(1) are enforceable across India, either under laws made by Parliament or by Presidential order.
9. Can Article 142(1) be misused?
The Court exercises this power cautiously, only when necessary to ensure justice. It is not meant for routine reliefs.
10. Why consult Legal Light Consulting (LLC Lawyer)?
LLC Lawyer specializes in Supreme Court practice, transfer petitions, and matrimonial disputes, guiding clients on both statutory remedies and constitutional powers like Article 142(1).
Disclaimer: This article and FAQ are for educational purposes only. They do not constitute legal advice. For professional assistance, consult Legal Light Consulting (LLC Lawyer).
Article 142 in DV & Section 498A Cases – NRI Perspective
Article 142(1) – Supreme Court’s Power
- Complete Justice: The Supreme Court can dissolve marriages under Article 142(1) when reconciliation is impossible.
- DV & 498A Context: In cases of cruelty or domestic violence, the Court may quash vague or malicious proceedings while ensuring genuine victims are protected.
- NRI Cases: The Court has clarified that NRIs facing multiple FIRs or cross‑jurisdictional disputes can seek relief under Article 142 to avoid harassment
Section 498A IPC – Cruelty & Dowry Harassment for NRI in India
Purpose: Protects women from cruelty by husband or relatives.
Misuse Concerns: Courts have acknowledged misuse in matrimonial disputes, especially in NRI cases where FIRs are filed across states or countries.
Recent Judgments:
Shivangi Bansal v. Sahib Bansal (2025) – SC dissolved marriage under Article 142 and restricted arrests in a 498A case.
Anurag Vijaykumar Goel v. State of Maharashtra (2025) – SC quashed vague 498A proceedings while granting divorce under Article 142
NRI Challenges in DV & 498A Cases
- Jurisdiction Issues: Cases filed in India while spouses live abroad.
- Multiple FIRs: Parallel complaints in different states/countries.
- Travel & Arrest Risks: NRIs may face arrest warrants or LOCs (Look‑Out Circulars).
- Relief via Article 142: SC can quash proceedings, dissolve marriage, and settle disputes holistically
Frequently Asked Questions (FAQ) for NRI in India
1. What is Article 142(1) in matrimonial disputes for NRI In India ?
It allows the Supreme Court to dissolve marriages on irretrievable breakdown grounds, even if statutory provisions don’t cover it.
2. How does Article 142 apply in DV and 498A cases for NRI in India?
The Court can quash vague or malicious complaints while ensuring justice for genuine victims.
3. Can NRIs be protected from misuse of 498A for NRI in India?
Yes. The Supreme Court has restricted arrests and quashed false FIRs in NRI disputes.
4. What happens if a marriage has completely failed for NRI in India?
The Supreme Court may dissolve it under Article 142, even if one spouse opposes.
5. Is Section 498A always criminal in nature for NRI in India ?
Yes. It is a criminal provision under IPC, but courts balance its use to prevent harassment.
6. Can DV Act and 498A be filed together for NRI in India?
Yes. Many matrimonial disputes involve both domestic violence claims and cruelty allegations.
7. What relief can NRIs seek in Supreme Court for NRI in India?
- Quashing of false FIRs
- Transfer of cases under Section 25 CPC
- Divorce under Article 142
- Protection from arrest
8. Does Article 142 override statutory law for NRI in India ?
No. It supplements statutory law, used only when strict application of law may cause injustice.
9. What precautions should NRIs take for NRI in India?
- Engage a Supreme Court lawyer experienced in NRI disputes
- Seek anticipatory bail if facing arrest risk
- File transfer petitions to consolidate cases
10. Why consult Legal Light Consulting (LLC Lawyer) for NRI in India?
LLC Lawyer specializes in Supreme Court practice, transfer petitions, DV/498A disputes, and NRI matrimonial cases, ensuring balanced representation.
This article and FAQ are for educational purposes only. They do not constitute legal advice. For professional assistance, consult Legal Light Consulting (LLC Lawyer).
