Case Comment: Sivasankaran V. Santhimeenal (2021)
- IJLLR Journal
- Feb 27
- 1 min read
Priyanka Priyadarshini, BBA LLB, SOA National Institute of Law (SNIL)
CITATION: Civil Appeal No. 4984-4985 of 2021
BENCH: Justice Sanjay Kishan Kaul and Justice Hrishikesh Roy
DATE OF JUDGEMENT: 13 September 2021
INTRODUCTION
The Supreme Court of India clarified the extent of its extraordinary powers under Article 142 of the Constitution in the case of Sivasankaran v. Santhimeenal (2021), a major matrimonial dispute. The issue stemmed from the parties' long-standing marital discord; they had been living apart for a while, and mediation and reconciliation had not worked.
When the statutory requirements under the Hindu Marriage Act, 1955, were not strictly met, the Court's main concern was whether it could use Article 142 to dissolve a marriage on the grounds of irretrievable breakdown. The court ruled that it may use its plenary jurisdiction to grant a divorce in order to achieve "complete justice" in extraordinary situations where the marriage has become totally unworkable and continuing would further injustice or hardship to either party.
This ruling confirmed that the Supreme Court has the authority to grant a divorce outside of the strict parameters of statutes when the marriage is irreparably broken, and its continuation would not be beneficial.
FACTS OF THE CASE
On 07.02.2002, the appellant (husband) and respondent (wife) were married. According to the appellant, the respondent was coerced into this marriage against her will and fled the wedding hall that same evening. She allegedly refused to do anything when he and his relative convinced her to return. On February 25, 2002, the appellant filed for divorce under Section 13(1) (i-a) of the Hindu Marriage Act, citing cruelty, because the marriage was in limbo.
