Case Commentary- Shilpa Sailesh v. Varun Sreenivasan, 2023, SC

The case of Shilpa Sailesh v. Varun Sreenivasan is an important judgment that deals with the powers of the Supreme Court under Article 142 of the Constitution in matrimonial matters. The dispute arose after the marriage, where both parties wanted to end their marriage through mutual consent after several years of litigation and multiple connected proceedings. The main legal issue before the Court was whether the Supreme Court can directly grant divorce by mutual consent without requiring the parties to follow the full procedure under Section 13-B of the Hindu Marriage Act, 1955, including the mandatory six-month cooling-off period. The Court also examined the conditions under which its extraordinary powers under Article 142 can be used in matrimonial disputes. Through this judgment, the Supreme Court clarified the scope of its power to do complete justice while balancing statutory procedure with practical realities.