Is tying the knot a way to untangle even grievous cases?

Subject: Polity

Section: Supreme Court

Context: In two recent Supreme Court decisions have placed domestic stability above the punishment due to a convicted man.

More about news:

The Court used its extraordinary power under Article 142 to release a man convicted of attempt to murder because he married his victim’s sister while the case was still pending in the Madras High Court.
In another case in Tamil Nadu, concerned a man who was convicted under the Protection of Children from Sexual Offences (POCSO) Act for raping his minor niece. He had later married her.
- Court set aside his conviction, reasoning that it did not want to “disturb” their “marriage” and “happy family life”.

Issues with judgements:

It reflects “entrenched paternalistic and misogynistic attitudes” even after 70 years as a Republic.
A woman cannot be herself in the society of the present day, which is an exclusively masculine society, with laws framed by men and with a judicial system that judges feminine conduct from a masculine point of view.
Against Article 21 – Right to Marry
Rule of law is not followed

What is Article 142?

Article 142 provides discretionary power to the Supreme Court as it states that 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.
- Recently, Supreme Court has invoked its extraordinary powers to do complete justice under Article 142 of the Constitution and ordered the release of A.G. Perarivalan in former Prime Minister Rajiv Gandhi assassination case.