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SC's Power To Directly Grant Divorce:

Hon'nle Judges: S.K. Kaul J, A.S. Oka J, Sanjiv Khanna CJI, Vikram Nath J, J.K. Maheshwari J

On May 1st, 2023 a Constitution Bench delivered a unanimous judgment in the Shilpa Sailesh v Varun Sreenivasan case. The Bench held that the Supreme Court can directly grant a divorce on grounds of 'irretrievable breakdown of marriage' under Article 142 of the Constitution.

Power of the Supreme Court under Article 142

The Bench stated that the exclusive power granted to the SC under Article 142 is to uphold justice, equity and good conscience. Article 142 is a unique provision that lets the SC do 'complete justice' in any 'cause or matter'. Thus, the SC may go beyond the bounds of procedural and substantive law to achieve the 'ends of justice'. However, the Bench cautioned that such exercise is expected to be carried out with due restraint. The Bench stated that powers under Article 142 should be exercised responsibly while protecting 'fundamental general and specific principles'.

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