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As per the case facts, a Constitution Bench was convened to determine if the Supreme Court could use its powers under Article 142 to waive the six-month waiting period for
...mutual consent divorce under the Hindu Marriage Act, a practice some courts had adopted when cohabitation was impossible. The question arose whether the Supreme Court, under Article 142 of the Constitution, can waive or reduce the statutory six-month waiting period for a second motion in mutual consent divorce cases under Section 13-B(2) of the Hindu Marriage Act, 1955, and generally clarify the scope of Article 142 in matrimonial disputes. Finally, the Supreme Court affirmed its broad power under Article 142 to do "complete justice," including dissolving marriages where there's no chance of reconciliation, even if the statutory cooling-off period hasn't passed. This power must be exercised cautiously, considering the specific circumstances of the parties involved.
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