Supreme court chooses conclusive adjudication over procedural rigmarole with respect to Divorce at least at the final leg of litigation.

  1. Home
  2. /
  3. Publications
  4. /
  5. Case Snippets
  6. /
  7. Supreme court chooses...

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.

Tags:

Let us help you!

If you need any help, please feel free to contact us. We will get back to you within one business day. Alternatively, if you're in a hurry, you can call us now

+91 9052538538
info@karavadi.in

Recent Case Snippets

Dhanraj Aswani Vs. Amar S.Mulchandani & ANR

In Criminal Appeal No. 2501 of 2024, the Supreme Court of India addressed whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (CrPC), is maintainable when the accused is already in judicial custody for a different case. The appeal arose from a Bombay Read more »

Dharmendra Sharma Vs. Agra Development Authority, 2024 INSC 667

The Supreme Court addressed a dispute over the delayed possession of an apartment. The appellant sought a refund with interest due to the respondent's failure to provide necessary completion and firefighting clearance certificates. When the Respondent had pleaded the application to be barred by limitation on the ground that the Read more »

Mere display of additional language does not amount to a violation of the Maharashtra Local Authorities Act 2022

Varshatai v. State of Maharashtra (2025 INSC 486)Date of Judgment: 15 April 2025 In Varshatai v. State of Maharashtra (2025 INSC 486), the Hon’ble Supreme Court addressed whether the Maharashtra Local Authorities (Official Languages) Act, 2022, prohibits the use of Urdu as an additional language on a municipal signboard. The Read more »

Disclaimer

The Rules and Regulations set forth by the Bar Council of India under Advocates Act, 1961 prohibit Advocates or Law Firms from advertising or soliciting work through public domain communications. This website is intended solely to provide information. Karavadi & Associates (“K&A”) does not aim to advertise or solicit clients through this platform. K & A disclaim any responsibility for decisions made by readers/visitors based solely on the content of this website.

By clicking 'AGREE,' readers/visitors agree and acknowledge that the information provided herein (a) does not constitute advertising or solicitation, and (b) is intended solely for their understanding of K & A services. By continuing to use this site, you consent to the use of cookies on your device as outlined in our Cookie Policy.