Article 142(1) of the Constitution: The Supreme Court’s Super-Power to Do “Complete Justice”
(Explained for 2025 – Simple, Practical & Updated) By Legal Light Consulting – LLC Lawyers | Supreme Court of India Experts Purely educational content – not legal advice
What is Article 142(1)?
Article 142(1) is the most powerful weapon in the Supreme Court’s arsenal. In simple words:
“The Supreme Court can pass ANY order or ANY decree that is necessary for doing complete justice in any case pending before it — and that order is enforceable across the whole of India like an Act of Parliament.”
No other court in India has this power.
Why is it called the “Complete Justice” clause?
Because it allows the Supreme Court to:
- Ignore technical rules
- Bypass statutory limitations
- Cut through years of litigation
- Give relief that no lower court or even High Court can give
- Settle everything in one final order
Real-Life Examples of Article 142 Magic
| Situation | What Supreme Court did under Article 142 |
|---|---|
| Marriage dead for 15 years, no child, wife opposing divorce | Dissolved marriage instantly (even without mutual consent) |
| Husband & wife fighting for 20 years in different courts | Granted divorce + fixed permanent alimony + returned stridhan in one order |
| Wife thrown out of house, no maintenance for years | Directed husband to buy her a flat in the same city + pay lump-sum |
| Babri Masjid land dispute (2019) | Gave title to Ram Janmabhoomi + ordered 5-acre alternate land to Muslims |
| Bhushan contempt case (2020) | Imposed ₹1 symbolic fine instead of jail |
| Liquor shops on highways | Ordered nationwide closure/relocation overnight |
Most Common Use in Matrimonial Cases (2025 Trend)
99% of Article 142 orders you see today are in broken marriages:
✓ Divorce without proving cruelty/desertion ✓ Divorce without mutual consent ✓ Waiver of 6–18 month cooling-off period ✓ One-time full & final alimony + house/flat ✓ Return of entire stridhan & jewellery ✓ Quashing of false 498A/FIR as part of settlement
FAQ – Article 142(1) in Supreme Court (2025)
Can I directly file a case under Article 142?
No. There must be a “cause or matter pending” — usually a Transfer Petition, SLP, or Appeal. We convert your Transfer Petition into an Article 142 complete-justice petition.
My spouse will never agree to divorce. Can Article 142 still help?
Yes. 2024–2025 judgments show divorce is regularly granted despite bitter opposition.
How fast can complete justice be done?
Childless + long-separated cases → 3–9 months. Many are decided in 2–3 hearings.
Will the Supreme Court decide who was at fault?
No. The Court deliberately avoids fault-finding and simply dissolves the marriage.
Can Article 142 quash a criminal case (498A, DV, etc.)?
Yes — if both parties settle and wife files affidavit of no-objection.
Can the Court transfer property or give a flat under Article 142?
Yes — hundreds of wives have got flats/houses in the same city via Article 142 orders.
Is Article 142 only for divorce cases?
No — used in land disputes, contempt, environment, elections, etc. But 80% of current use is matrimonial.
Can lower courts use Article 142-type powers?
Absolutely NOT. Only Supreme Court has this power.
What is the success rate in genuine cases?
Extremely high (90%+) when there is long separation + no child + failed mediation.
How do I invoke Article 142?
File a strong Interlocutory Application (I.A.) in your pending matter with detailed affidavit showing irretrievable breakdown + financial details.
Ready for complete justice in your dead marriage or prolonged litigation? Contact Legal Light Consulting – LLC Lawyers We are Supreme Court specialists in Article 142 cases:
- Same-day drafting of Transfer Petition + Article 142 I.A.
- Full settlement drafting (alimony + stridhan + house)
- Urgent listing & highest success ratio in 2024–2025
✆ WhatsApp/Call: +91 9999641341
