Shilpa Sailesh v. Varun Sreenivasan (2023)

Introduction

On May 1, 2023, a Constitution Bench of the Supreme Court delivered a unanimous judgment in Shilpa Sailesh v Varun Sreenivasan, holding that the Supreme Court can directly grant divorce based on irretrievable breakdown of marriage under Article 142 of the Constitution. This ruling allows the Court to dissolve marriages that have become defunct without requiring parties to prove traditional legal grounds under the Hindu Marriage Act.

Key Observations by the Court

• Article 142 empowers the Supreme Court to do “complete justice” in any matter, going beyond procedural and substantive laws to uphold justice, equity, and good conscience.

• The Court emphasized that this extraordinary power must be exercised with due restraint and responsibility, protecting fundamental principles of public policy and constitutional rights.

• The judgment recognizes that where a marriage has irretrievably broken down, the Court can grant a divorce directly, even if the legal grounds are difficult to prove or absent in statute.

• This avoids prolonged litigation and hardship for parties in defunct marriages, ensuring justice prevails over procedural rigidity.

  
  

Conclusion

Shilpa Sailesh v Varun Sreenivasan sets a progressive precedent, underscoring the Supreme Court’s unique role in delivering swift and equitable relief in broken marriages through its constitutional powers. It marks a significant step towards modernizing family law to reflect social realities and ease the burden on lower courts.