It takes time to settle down in marriage: Supreme Court refuses to use Article 142 powers to dissolve 40-day union

The Supreme Court on Tuesday refused to use its plenary powers under Article 142 of the Constitution to quash a marriage where the parties had only resided together for 40 days before separating. (Delma Lubna Coelho v. Edmond Clint Fernandes).Article 142 of the Constitution empowers the Court to issue or pass any order that is necessary to provide “complete justice” in a case..A Bench of Justices Rajesh Bindal and Aravind Kumar hoped that good sense prevails over the parties."We do not find this to be a fit case for exercise of power under Article 142 of the Constitution of India as good sense may prevail on the parties. They had lived together only for 40 days. It takes time to settle down in marriage," the Court noted..The Bench was hearing a transfer petition filed by the petitioner-wife, a permanent resident of Canada, seeking transfer of the divorce proceedings filed by the husband from a family court in Mangaluru to one in Mumbai.The parties had cited a breakdown in the marriage on various fronts. The wife claimed ill-treatment on the part of her in-laws, after which her husband sent her to Mumbai and cut off all contact with her.After she was denied entry into her matrimonial home, the wife filed a complaint with the police. Meanwhile, the husband began filing for divorce.The husband, on the other hand, claimed that he made a number of efforts to reconcile the marriage, including mediation, to no avail..The top court dismissed the transfer petition after noting the status of the parties, the fact that the husband lived with his aged parents, and that the wife had previously attended multiple rounds of mediation sessions over video-conferencing."She can travel to Mangaluru to attend the hearing of the case and can also seek exemption from appearance whenever required...in case she feels like seeking reimbursement of expenses, she shall be at liberty to file application before the court concerned, which may be examined on its own merits," the order clarified..Advocate Shankar Divate appeared for the wife. Advocates Pai Amit, Pankhuri Bhardwaj and Abhiyudaya Vats appeared for the husband..[Breaking] Case on scope of Supreme Court’s power under Article 142 to dissolve marriage listed before Constitution Bench tomorrow .[Read order]