SHILPA SAILESH
v.
VARUN SREENIVASAN
[2023] 5 S.C.R. 165
The question arises whether the Supreme Court can, under Article 142(1), grant a divorce decree by mutual consent while disregarding the prescribed procedure under Section 13-B of the Hindu Marriage Act.
Additionally, the court addresses the issue of divorce based on the irretrievable breakdown of marriage. It states that the court can dissolve a marriage under Article 142(1) when the marriage is irretrievably broken, even if one spouse opposes the divorce. The court must be convinced that the marriage is emotionally dead and beyond repair, ensuring a balanced approach by considering the circumstances of both parties.
The court emphasizes that the determination of irretrievable breakdown should be established factually, considering factors such as the duration of separation, attempts at settlement, and the welfare of minor children if any.
Furthermore, the judgment clarifies that parties shouldn't use Article 32 (writ jurisdiction) to bypass established procedures.