VidhiSangh

Supreme Court of India · 01/05/2023

SHILPA SAILESH versus VARUN SREENIVASAN

[2023] 5 S.C.R. 165 · 2023 INSC 468

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Summary

Answering a Constitution Bench reference, the Court held that Article 142 permits it to dissolve a marriage on a genuine settlement without the second-motion procedure, and to grant divorce for firmly established irretrievable breakdown despite one spouse’s opposition. Both powers are discretionary and require complete justice to both parties. Direct writ petitions seeking such divorce cannot bypass the prescribed judicial process.

Issues

  1. What limits govern the Supreme Court’s power under Article 142 in matrimonial disputes.
  2. Whether settlement permits dispensing with the second motion and disposing of connected proceedings.
  3. Whether irretrievable breakdown permits dissolution despite opposition by a spouse.

Provisions considered

Held

Result

Reference answered. Petitions in which divorce had already been granted on 6 May 2015 were disposed of; Transfer Petition (Criminal) Nos.96 and 339 of 2014 were directed to be listed before the regular bench for appropriate orders.

Judgment PDF: Supreme Court of India, [2023] 5 S.C.R. 165.