Supreme Court Invokes Article 142 to Ease Loan Burden of Widow

The Supreme Court of India recently exercised its extraordinary constitutional power under Article 142 to ease the financial burden of a widow struggling to repay a bank loan taken by her late husband. 

This decision, delivered by a bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi, highlights how courts sometimes intervene when strict legal enforcement would cause undue hardship. 

It reflects an equitable response to distress arising from the COVID-19 pandemic, while underlining the constitutional scope of the Court’s inherent powers.

What Are the Facts of the Case?

The appeal arose from a dispute over a ₹50 lakh loan taken by Sumaiya Parveen’s husband from the Central Bank of India, secured against their residential home in Vellore district. Until his untimely death in May 2021 during the second wave of COVID-19, loan instalments were being paid regularly. 

After his passing, the account was classified as a non-performing asset (NPA) and recovery proceedings were initiated under the SARFAESI Act.

The bank offered a one-time settlement (OTS) of ₹34.69 lakh against outstanding dues of about ₹71 lakh as of January 2024. Ms Parveen paid the required 10 per cent upfront (₹3.46 lakh) but could not settle the balance within the stipulated period.

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A fresh demand for a higher amount followed, along with a possession notice under Section 13(4) of the SARFAESI Act, prompting her to challenge the actions in the Madras High Court, which dismissed her petition.

Why Article 142 Was Invoked

Article 142 gives the Supreme Court sweeping authority to pass “such orders as may be necessary for doing complete justice in any cause or matter pending before it,” enforceable throughout India. In exceptional cases where literal application of law would lead to severe injustice, the Court may step in to mould relief.

In this matter, the Court noted the “unusual and unfortunate circumstances” — a sudden death during a global pandemic, financial distress, and consequent hardship in meeting legal demands that were technically valid but harsh in consequence. Strict enforcement of the bank’s demand would likely have driven the widow to financial ruin. The Court observed that while the bank’s claim was “legally sustainable,” insisting on full legal compliance under these facts would cause extreme hardship.

What Did the Supreme Court Decide?

Rather than uphold the full liability, the bench exercised its Article 142 power to moderate the financial burden. It held that Ms Parveen should pay ₹33 lakh, over and above the ₹3.46 lakh already deposited, within eight weeks. Interest on the outstanding amount was directed to remain frozen. Upon payment, the bank was ordered to issue a no-dues certificate and release the original title deeds of the mortgaged property.

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The order was explicitly confined to the peculiar facts and circumstances of this case, with the bench clarifying it should not be treated as a precedent for similar claims against the respondent bank.