Non-Dalit wife of Dalit husband.. will the child get reservation or not? Supreme Court gave order under 142

Supreme Court: The Supreme Court annulled the marriage of a non-Dalit woman and a Dalit man using the privilege under Article 142 of the Constitution. After this, Article 142 came into discussion again. This article is so powerful that it is important to understand it.

Written By Gaurav Pandey

What is Article 142: The Supreme Court annulled the marriage of a non-Dalit woman and a Dalit man by issuing an important order under Article 142 of the Constitution. The court ordered that the children of the woman should get a Scheduled Caste certificate, because their father is from the Dalit community. Actually, the Supreme Court has given this verdict in the divorce case of Juhi Poria and Pradeep Poria. The court clearly said that while a non-Dalit woman cannot obtain Scheduled Caste membership through marriage, children born to a Scheduled Caste person will be entitled to SC certificate. First understand what was the matter..

The Supreme Court ordered the husband to obtain SC certificate for the children within six months and bear all the expenses related to their education up to PG. Apart from this, the court directed the husband to make a lump sum payment of ? 42 lakh and give a plot in Raipur to the wife.

Apart from this, it was also said that after the divorce, the children will be raised in the mother’s house, but they will get SC status. This will benefit them in government education and jobs. The court dismissed all the cases registered between the husband and wife and gave instructions to reunite the children with their father. Amidst all this, let us know what is the power in Article 142 of the Constitution that the Supreme Court can use.

Now understand Article 142 of the Constitution, also called Omnibus Power..

Actually, the provision of Article 142 of the Constitution gives special rights to the Indian Supreme Court. Under this article, the Supreme Court has the power to give any order or direction to ensure the system of justice, even if it is not explicitly mentioned in any legal provision. It is also called Omnibus Power, because the court can use it to settle a particular case, in which there is a need to find a way to justice even by going beyond the legal scope.

How does it work

According to constitutional experts, under Article 142, the Supreme Court has the right to give such an order, which is based on justice and discretion, going beyond any other law. Its purpose is to ensure that no party takes advantage of its legal position and real justice is not stopped.

Understand it with an example that if justice is not being done due to the weakness of the law in a particular situation, then the Supreme Court can issue an order to provide justice using this article.

Where is it used

In practical terms, if any legal technical reasons hinder justice in family disputes or divorce cases, then the Supreme Court can use Article 142. It is also used to improve the judicial system. If any difficulty or obstruction arises in the judicial process in a particular case, then the court can find a solution through this article.

In other specific cases, when it is impossible or extremely complex to follow the law in a case, then the Supreme Court can give its direction and order using this provision. Apart from this, the purpose of Article 142 is to ensure that no party is deprived of justice in the Indian judicial system, whether there is any flaw or ambiguity in the law.

Courtesy: Hindi News