(SUPREME
COURT CASES (Non Reportable) in ADITI WADHERA V/s VIVEK KUMAR WADHERA, INTERLOCUTORY APPLICATION
NOS 3 & 4 OF 2016 IN TRANSFER
PETITION (C) NO.569 OF 2014)
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Fact of the Case:
Mr.
Vivek Kumar Varinder Wadhera and Mrs.
Aditi Vivek Kumar Wadhera, both have lived as husband and wife only for a few
days in the year 2010. Both parties have exercised their free will and have
taken a conscious decision to part and put an end to all other litigation as well.
They have also filed a joint petition for dissolution of marriage by mutual
consent under Section 13B of the Hindu Marriage Act before the District Court.
Court Observations
The
Bench comprising of Justices Kurian Joseph and RF Nariman highlighted that “Having regard to the background of the
several litigations between the parties over a period of five years, background
of the parties living separately for more than five years, submission of Mr.
Vivek Kumar Varinder Wadhera that he has to go back to his work place in U.S.A
and also having regard to the submission of Aditi Vivek Kumar Wadhera that she
has now to think of her future, we are of the view that it is a fit case to
invoke our jurisdiction under Article 142 of the Constitution of India and
grant a decree of divorce by mutual consent by waiving the statutory period of
waiting.”
Further,
Court ordered that there shall not be any restraint on the travel of both the
parties and their family members on account of criminal cases referred in this
case, quashed the same by the Court.
Article 142 of the
Indian Constitution
speaks about “Enforcement of decrees and orders of Supreme Court and unless as
to discovery” etc ( 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, and any decree so passed or
orders so made shall be enforceable throughout the territory of India in such
manner as may be prescribed by or under any law made by Parliament and, until
provision in that behalf is so made, in such manner as the President may by
order prescribe
(2)
Subject to the provisions of any law made in this behalf by Parliament, the
Supreme Court shall, as respects the whole of the territory of India, have all
and every power to make any order for the purpose of securing the attendance of
any person, the discovery or production of any documents, or the investigation
or punishment of any contempt of itself.
Important Note: This is Non Reportable Judgement,
hence, if you want to refer this judgment to the lower court, you ought to
produce the certified copy. In order to get certified copy of the unreported
judgments, you have to file a third party affidavit and to be obtained the same
through court order.
