CONTENTION 2 High court has power to award a decree of divorce in deciding an appeal against decree of judicial separation.

Civil Procedure Code 1908 (Sec 151) (Saving of inherent powers of Court)Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.

The Code of Criminal Procedure, 1973 (Sec 482)Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice.

So to secure ends of justice HC can interfere and judge freely and independently. It is of vital importance in the administration of justice, and ensure proper freedom and independence of Judges must be maintained and allowed to perform their functions freely and fearlessly without undue influence on anyone, even SC. At the same time Judges and Magistrate should act with a certain amount of justice and fair play. In the present case also to secure the ends of justice it was necessary to pass a decree of divorce to grant relief to the husband and thus the high court has constitutional power to award the decree of divorce.