In this landmark case of Shilpa Sailesh v. Varun Sreenivasan 2023 INSC 468 a five-judge Constitution Bench of the Supreme Court, led by Justice Sanjiv Khanna, clarified the scope of Article 142 of the Indian Constitution . The Court held that in order to do complete justice it can dissolve a marriage by mutual consent under Article 142 without adhering to the cooling-off period under Section 13B of the Hindu Marriage Act, 1955. Additionally, it ruled that divorce could also be granted unilaterally under Article 142 if the marriage had been irretrievably broken down. The Court further confirmed its power to quash the other proceedings between the parties, including criminal cases, while exercising Article 142. Importantly, the Court confirmed that parties cannot directly file writs under Articles 32 or 226 to seek such divorce they must approach the family court as the court of first instance.
