Top court used powers under Article 142 to quash rape conviction of MP man after he & the complainant got married, following lodging of case caused by a ‘misunderstanding’.
Court invoked unique power under Article 142 to end the marriage. It rejected wife’s claim for Rs 12 crore alimony, said 'LinkedIn profile' not reliable proof of husband's income.
SC said victim already subjected to enough trauma & agony. ‘Don’t want to add to injustice done to victim by sending her husband to jail.’ Article 142 gives SC power to do ‘complete justice’.
Ruling significant as this is not a ground for divorce under Hindu Marriage Act. Bench says SC can invoke Article 142 in both mutual consent cases & when one partner seeks divorce.
For first time, top court considers ‘irretrievable breakdown’ under cruelty clause as valid condition for divorce. As of now, it is not ground for divorce under Hindu Marriage Act.
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