Family Law

Shilpa Sailesh v. Varun Sreenivasan

2023 SCC OnLine SC 544

Citation: 2023 SCC OnLine SC 544
Court: Supreme Court of India
Date: 1 May 2023
Bench: Constitution Bench: S.K. Kaul, Sanjiv Khanna, A.S. Oka, Vikram Nath and J.K. Maheshwari, JJ.

Facts

Several matrimonial matters were placed before a Constitution Bench.
The disputes raised questions concerning the Supreme Court’s power under Article 142 to do “complete justice.”
In some matters:
the spouses had reached settlements;
the statutory procedure for mutual-consent divorce had not been fully completed;
connected criminal, maintenance and domestic-violence proceedings remained pending.
In others:
one spouse opposed divorce;
the marriage had nevertheless become completely unworkable;
the parties had lived apart for a long period and reconciliation had repeatedly failed.
The Court examined whether it could:
dispense with procedural requirements under Section 13B;
dissolve a marriage by mutual consent;
quash connected proceedings; and
grant divorce for irretrievable breakdown despite one spouse’s opposition.

Whether the Supreme Court may use Article 142 to grant mutual-consent divorce without strict compliance with Section 13B procedure.
Whether it may dissolve a marriage on irretrievable breakdown even without consent of both spouses.
Whether irretrievable breakdown can be directly invoked through an Article 32 petition.

Article 142 gives the Supreme Court exceptional power to pass orders necessary to do complete justice in a pending cause or matter.
This power belongs to the Supreme Court, not Family Courts or High Courts.
On a genuine settlement, the Supreme Court may:
waive procedural requirements;
grant mutual-consent divorce;
quash connected civil and criminal proceedings.
The Supreme Court may also dissolve a marriage for irretrievable breakdown despite opposition, but the power is discretionary and exceptional.
Relevant factors include:
duration of cohabitation and separation;
nature of allegations;
repeated litigation;
failed mediation;
welfare of children;
financial security and alimony;
social and economic position of the opposing spouse.
Divorce cannot be sought directly through Article 32 merely by alleging irretrievable breakdown.

The Court distinguished ordinary statutory divorce from its constitutional power.
Family Courts remain bound by the grounds and procedures in the Hindu Marriage Act.
The Supreme Court, however, may depart from those requirements when necessary to prevent grave injustice.
In settlement cases, forcing parties to complete every procedural step may serve no purpose where:
the agreement is voluntary;
disputes have been comprehensively resolved;
reconciliation is impossible.
Article 142 can therefore be used to grant divorce and bring an end to connected proceedings.
Regarding contested divorce, the Court held that one spouse’s opposition is important but not always conclusive.
Where the marriage is:
emotionally dead;
totally unworkable;
beyond salvation;
continued only as a legal shell, dissolution may be necessary for complete justice.
The Court must ensure that the opposing spouse, especially a financially vulnerable wife, is not left economically insecure.
A sufficiently long separation—often six years or more—may be relevant, but it is not a rigid formula.
The Court must balance autonomy, fairness, child welfare and financial rights.
The power is not a right available on demand and cannot be used casually to bypass ordinary courts.
A party cannot directly file a writ petition seeking divorce solely on this ground; there must be an existing cause or matter properly before the Supreme Court.

The Supreme Court may grant mutual-consent divorce under Article 142 without requiring completion of the second-motion procedure.
It may quash connected criminal and civil proceedings.
It may also grant contested divorce for complete and irretrievable breakdown.
This is an exceptional Supreme Court power, not a new statutory ground before ordinary matrimonial courts.
Use this case for: Article 142 divorce for irretrievable breakdown and comprehensive settlement of matrimonial disputes.