Supreme Court Constitution Bench -- SHILPA SAILESH vs VARUN SREENIVASAN

Описание: (i) The scope and ambit of power and jurisdiction of this Court
under Article 142(1) of the Constitution of India.

(ii) In view of, and depending upon the findings of this bench on
the first question, whether this Court, while hearing a transfer
petition, or in any other proceedings, can exercise power
under Article 142(1) of the Constitution, in view of the
settlement between the parties, and grant a decree of divorce
by mutual consent dispensing with the period and the
procedure prescribed under Section 13-B of the Hindu
Marriage Act, and also quash and dispose of other/connected
proceedings under the Domestic Violence Act, Section 125 of
the Cr.P.C., or criminal prosecution primarily under Section
498-A and other provisions of the I.P.C. If the answer to this
question is in the affirmative, in which cases and under what
circumstances should this Court exercise jurisdiction under
Article 142 of the Constitution of India is an ancillary issue to
be decided.

(iii) Whether this Court can grant divorce in exercise of power
under Article 142(1) of the Constitution of India when there is
complete and irretrievable breakdown of marriage in spite of
the other spouses opposing the prayer?

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#dowry_act
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