Irretrievable Breakdown Of Marriage: Shilpa Sailesh V. Varun Sreenivasan, 2023 SCC Online SC 544, Decided On May 1, 2023
- IJLLR Journal
- Jan 16, 2024
- 1 min read
Arya Mishra, Maharashtra National Law University, Nagpur
FACTS OF THE CASE
Irretrievable breakdown of marriage, the issue at hand, arises primarily out of the case of Neeti Malviya v. Rakesh Malviya1, wherein the two judge judge bench had a doubted option of the powers of apex court under Article 142 to reduce or waive the cooling period for filing the 2nd motion stated in S.13B(2) of the HMA, 1956. The event was refereed to a 3 judge bench, however, the question was never decided upon, since the parties to the case had been granted divorce by mutual consent.
In case of Shipla Sailesh v. Varun Sreenivasan2, a two-judge bench referred to the Attorney General three arguments to be addressed,
The court's authority under Article 142 to waive the period outlined in S.13(B) of the HMA, 1955.
The government's position on the statutory incorporation of irretrievable breakup of marriage as a divorce criterion.
Addressing any additional and ancillary matters that may emerge.
