Supreme Court · Constitution Bench
Shilpa Sailesh v. Varun Sreenivasan
Constitution Bench landmark ruling affirming Supreme Court powers under Article 142 to dissolve irretrievably broken marriages without statutory delays.
This page summarizes the legal framework and judicial precedents for educational and informational purposes only. It does not state or imply that Advocate Sunil Kumar Upadhyay represented a party or was involved in the matter.
Issue before the Constitution Bench
A five-judge Constitution Bench of the Supreme Court addressed whether the Court can invoke its plenary powers under Article 142(1) of the Constitution of India to grant a decree of divorce on the ground of irretrievable breakdown of marriage, and whether it can waive the statutory six-month waiting period under Section 13B of the Hindu Marriage Act, 1955 without directing parties to the Family Court.
Constitution Bench Holding on Article 142
The Supreme Court held that it possesses the constitutional power under Article 142(1) to grant a divorce by mutual consent and waive the six-month cooling-off period under Section 13B(2). Crucially, the Bench affirmed that the Court can also dissolve a marriage on the ground of irretrievable breakdown, even if one spouse does not consent, provided the relationship is completely unworkable and dead beyond salvage.
The Court emphasized that this power must be exercised with great care and caution, ensuring that 'complete justice' is achieved for both parties and dependent children.
Guidelines & Illustrative Factors Laid Down
The Court articulated illustrative parameters to determine irretrievable breakdown: (i) duration of cohabitation versus separation, (ii) nature of allegations and pending criminal/civil disputes, (iii) failed reconciliation attempts through mediation, (iv) permanent settlement of maintenance, alimony, and child custody arrangements, and (v) prolonged passage of time rendering the matrimonial bond a complete legal fiction.
