Shilpa Sailesh v. Varun Sreenivasan 2023 INSC 468 - CLAT PDF Download

Introduction

• The Supreme Court exercised its discretionary power to dissolve marriages deemed "dead" due to prolonged statutory requirements.
• The case highlights the application of Article 142 of the Constitution of India (COI) for granting justice.

Facts

• Both parties sought divorce under Section 13-B of the Hindu Marriage Act, 1995 (HMA).
• The couple had been living separately for over six years and pursued various legal avenues for divorce.
• Initial cases were filed under the Domestic Violence Act and Section 125 of the Code of Criminal Procedure, 1973.
• The trial court failed to address marital grievances, leading the couple to approach the High Court, which also failed to resolve the matter.
• Ultimately, the case was taken to the Supreme Court.

Issue Involved

• Can the Supreme Court deviate from statutory law using Article 142 of COI to resolve cases of irretrievable marital breakdown?

Observations

• The Supreme Court observed that the marriage was a "dead marriage" with no possibility of rehabilitation.
• It emphasized that Article 142 allows it to exercise discretionary power to grant justice, provided it is used with care and diligence.
• Irretrievable breakdown of marriage was upheld as a valid ground for divorce when reconciliation is impossible.

Factors Considered by the Court

• Cohabitation period after marriage.
• Last instance of cohabitation between the parties.
• Nature of allegations made against each other and their families.
• Impact of previous legal proceedings on the relationship.
• Attempts made for dispute settlement, including court interventions and mediation efforts.
• Length of separation, with six years or more being significant.
• The Supreme Court also stated that the Fault theory could be overlooked in such cases to ensure justice.

Conclusion

• The Supreme Court concluded that it holds the authority to waive statutory requirements under Article 142 to deliver complete justice.
• It also clarified that a mutual divorce could be granted when both parties reach a settlement and when the marriage shows no scope for reconciliation.