Waveoff of cooling period in mcd

Experts please comment

The said judgment is passed by the Supreme court by exercising its powers under Article 142. The said article of the constitution vests extraordinary powers in the supreme court to provide complete justice in any case. The article says that the Supreme Court in the exercise of its jurisdiction may pass such decree or order as is necessary for doing complete justice in any cause or matter pending before it and this would be enforceable across the country. Prior to this case also the SC has passed such judgments in many cases and have granted divorce by waiving the 6m cooling off period. But these powers are not available to the lower judiciary. So this judgment cannot be used as a precedent by the lower courts to waive off the 6m period. 

Only the SC can waive off the colling off period in excercise of its jurisdiction under Article 142 which empowers it to pass any decision for doing complete justice.

Ashish Davessar

Advocate

Supreme Court of India/ Punjab and Haryana High Court