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Sachin Arora v. Manju Arora, decided on 10-5-2023 Delhi High Court: In a case wherein the petitioner challenged the orders passed by the Family Court wherein the application preferred by the respondent for summoning the CCTV footage, booking details and reservation records of the said room in Hotel Fairmont, a Single Judge Bench of Rekha Palli, J.* observed that the respondent was the estranged wife of the petitioner who had no direct evidence of her husband indulging in acts of adultery and by resort to Section 14 of the Family Courts Act, 1984 (‘FCA’), she was, only trying to seek production of evidence which she reasonably believed would prove her charge of adultery which by its very nature could be inferred only from circumstances. The Court further opined that the Family Court by way of the impugned orders had sought records which pertained only to the respondent’s husband and not to his friend or her daughter. Therefore, there was no question about their right of privacy being vi...

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...