Discover how the Supreme Court of India can grant divorce by mutual consent under Article 142 of the Constitution of India, bypassing HMA procedures. Learn more about the landmark Shilpa Sailesh v. Varun Sreenivasan case and its implications on family law in India.

Introduction: Evolving Judicial Powers in Divorce Matters

In a landmark ruling, the Supreme Court of India has expanded the scope of its powers under Article 142 of the Indian Constitution, enabling it to grant divorces by mutual consent—bypassing the procedural requirements of the Hindu Marriage Act, 1955 (HMA). This significant judgment in Shilpa Sailesh vs Varun Sreenivasan highlights the Court’s commitment to delivering complete justice in family law cases, especially in instances of irretrievable breakdown of marriage.

Background of the Case

Case Details:

• Case Name: Shilpa Sailesh vs Varun Sreenivasan

• Case Citation: 2023 INSC 468

• Date of Judgment: May 1, 2023

• Bench: Constitution Bench of five judges

• Presiding Judges: Sanjay Kishan Kaul, Sanjiv Khanna, Abhay S. Oka, Vikram Nath, Jitendra Kumar Maheshwari

Case Facts:

The petitioner sought the transfer of ongoing divorce proceedings to another state. During the hearing, both parties agreed to dissolve the marriage through mutual consent. Invoking Article 142(1), which empowers the Supreme Court to deliver “complete justice,” the parties requested the Court to grant them a divorce directly.

Previously, a two-judge bench had recognized the irretrievable breakdown of the marriage and referred the matter to a larger bench due to the recurring nature of such cases.

Key Legal Issues Addressed

1. Can the Supreme Court grant a mutual consent divorce under Article 142, bypassing Section 13B of the HMA?

Yes. The Court affirmed that it can use Article 142 to grant divorce by mutual consent without enforcing the statutory waiting period under Section 13B of the Hindu Marriage Act.

2. Can a divorce be granted under Article 142 even if one party objects?

Yes. The Court held that in cases of irretrievable breakdown of marriage, it may grant divorce under Article 142 even if one spouse does not consent, provided the circumstances justify such intervention.

The Supreme Court’s Judgment

The Constitution Bench, authoring its opinion through Justice Sanjiv Khanna, held:

• The Supreme Court has the constitutional power under Article 142(1) to dissolve a marriage to render complete justice.

• It can override procedural constraints of the Hindu Marriage Act when warranted.

• The Court may quash connected civil or criminal proceedings between estranged spouses as part of its relief.

• Parties cannot directly approach the Supreme Court seeking divorce under Article 142. The Family Court remains the first forum for matrimonial matters.

Significance of the Ruling

This progressive judgment balances judicial discretion with the sanctity of marriage, ensuring that justice prevails without subjecting estranged couples to prolonged and emotionally draining litigation. By setting clear boundaries on when Article 142 can be invoked, the Court prevents misuse while still offering relief in compelling cases.

Conclusion: A Shift Toward Practical Justice in Family Law

The Supreme Court’s interpretation of Article 142 in matrimonial disputes marks a turning point in Indian family law. By acknowledging the reality of dead marriages and emphasizing practical legal solutions, the Court ensures that justice is not sacrificed at the altar of procedure. This judgment empowers the judiciary to act decisively in preventing unnecessary suffering in matrimonial disputes, aligning legal processes with human realities.