SHILPA SAILESH versus VARUN SREENIVASAN

SHILPA SAILESH versus VARUN SREENIVASAN

The Supreme Court under Article 142(1) has constitutional power to do 'complete justice' in a 'cause or matter' and, in matrimonial disputes, may in exceptional and carefully circumscribed cases grant a decree of divorce by mutual consent (including dispensing with the Section 13-B procedural waiting period) or dissolve marriage on the ground of irretrievable breakdown even if the other spouse opposes, and may quash related proceedings, provided such exercise respects fundamental public policy, is factually justified on objective factors, and safeguards interests (children, maintenance) of the non-consenting spouse.

Parties
Petitioner: Shilpa Saileash; Respondent: Varun Sreenivasan
Jurisdiction
India
Judgment Date
01 May 2023
Procedural Posture
Transfer Petition (civil) / Constitution Bench Reference; Judgment Answering Reference and Disposing Transfer Petitions
Outcome
Reference answered; transfer petitions disposed insofar as the marriage between the parties had already been dissolved by a division bench order dated 06.05.2015 invoking Article 142(1); ancillary transfer petitions dealt with as indicated.
Legal Topics
Article 142(1) of the Constitution of India, Divorce by Mutual Consent, Irretrievable Breakdown of Marriage, Section 13 B Hindu Marriage Act, 1955, Writ Jurisdiction Under Article 32, Quashing of Criminal Proceedings in Matrimonial Disputes
Constitutional Law Family Law Matrimonial Law Article 142(1) of the Constitution of India Divorce by Mutual Consent Irretrievable Breakdown of Marriage Section 13 B Hindu Marriage Act, 1955 Writ Jurisdiction Under Article 32 +1 more

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Parties

Shilpa Saileash

Petitioner

Varun Sreenivasan

Respondent

Procedural Posture

Transfer Petition (civil) / Constitution Bench Reference; Judgment Answering Reference and Disposing Transfer Petitions

Legal Issues

  1. 1 Scope and ambit of power of the Supreme Court under Article 142(1) to do complete justice
  2. 2 Whether Supreme Court can, in view of settlement, grant decree of divorce by mutual consent dispensing with period/procedure under Section 13-B
  3. 3 Whether Supreme Court can grant divorce under Article 142(1) on ground of irretrievable breakdown even if other spouse opposes

Ratio Decidendi

The Supreme Court under Article 142(1) has constitutional power to do 'complete justice' in a 'cause or matter' and, in matrimonial disputes, may in exceptional and carefully circumscribed cases grant a decree of divorce by mutual consent (including dispensing with the Section 13-B procedural waiting period) or dissolve marriage on the ground of irretrievable breakdown even if the other spouse opposes, and may quash related proceedings, provided such exercise respects fundamental public policy, is factually justified on objective factors, and safeguards interests (children, maintenance) of the non-consenting spouse.

Court Disposition

Reference answered; transfer petitions disposed insofar as the marriage between the parties had already been dissolved by a division bench order dated 06.05.2015 invoking Article 142(1); ancillary transfer petitions dealt with as indicated.

Orders

  • Transfer Petition (Civil) No. 1118 of 2014 disposed (marriage already dissolved by order dated 06.05.2015)
  • Transfer Petition (Criminal) No. 382 of 2014 disposed