Tamil - Supreme Court Judgment on Immediate Divorce & Article 142 | Shilpa Sailesh Case Analysis

Описание: https://jurisoptima.com/cases/shajan-...

Is it possible to end a marriage instantly if it has been "dead" for years, even without the consent of the other spouse? Under the Hindu Marriage Act, couples often face long waiting periods or get trapped in litigation when one party refuses to settle. However, a landmark Constitution Bench judgment has redefined how the Supreme Court of India exercises its powers in matrimonial cases.
In the 2023 judgment of Shilpa Sailesh v. Varun Sreenivasan, the Supreme Court analyzed whether it can bypass statutory procedures to do "complete justice" under Article 142 of the Constitution. This video provides a detailed legal analysis of how this ruling impacts divorce laws, the cooling-off period, and criminal proceedings like Section 498A.
In this video, we cover:
The conflict between the Hindu Marriage Act (Section 13-B) and Article 142 of the Constitution.
Whether the 6-month "cooling-off" period is mandatory or can be waived.
The doctrine of "Irretrievable Breakdown of Marriage" and why it is not yet a statutory ground for divorce.
The Supreme Court's power to grant divorce even if one spouse opposes it.
The ability of the Court to quash pending criminal cases (498A, Domestic Violence Act) to finalize a settlement.
Why this power is exclusive to the Supreme Court and cannot be used by Family Courts or High Courts.
Case Citation:
Shilpa Sailesh v. Varun Sreenivasan (2023) SCC OnLine SC 544
Who is this video for?
This legal explainer is designed for law students, legal practitioners, judicial aspirants, and individuals navigating complex matrimonial litigation who wish to understand the scope of the Supreme Court's plenary powers.
Disclaimer:
This video is for educational purposes only and does not constitute legal advice. The information provided is based on the court's judgment and should not be used as a substitute for consultation with a qualified legal professional. Case facts and legal interpretations can be complex and specific to individual circumstances.

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