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SUPREME COURT OF INDIA
Sanjay Kishan Kaul, Sanjiv Khanna, Abhay S. Oka, Vikram Nath, J.K. Maheshwari, JJ.
Shilpa Sailesh – Appellant
Versus
Varun Sreenivasan – Respondent
Transfer Petition(s)(Civil) No(s). 1118 of 2014
Decided On : 20-09-2022
Article 142 - Irretrievable Breakdown of Marriage - The court allowed applications for exemption from filing official translation and permission to file additional documents/facts/annexures. The court considered whether the power under Article 142 of the Constitution of India is inhibited in a scenario where there is an irretrievable breakdown of marriage in the opinion of the Court but one of the parties is not consenting to the terms.
Fact of the Case:
The court allowed applications for exemption from filing official translation and permission to file additional documents/facts/annexures. The court considered whether the power under Article 142 of the Constitution of India is inhibited in a scenario where there is an irretrievable breakdown of marriage in the opinion of the Court but one of the parties is not consenting to the terms.
Finding of the Court:
The court allowed the applications for exemption and permission to file additional documents. It also identified the need to consider the power under Article 142 of the Constitution of India in cases of irretrievable breakdown of marriage where one party does not consent to the terms.
Issues: Exemption from filing official translation, permission to file additional documents, power under Article 142 of the Constitution of India in cases of irretrievable breakdown of marriage
Ratio Decidendi: The court has the discretion to allow exemption from filing official translation and permission to file additional documents. The court also recognized the need to consider the application of Article 142 of the Constitution of India in cases of irretrievable breakdown of marriage.
Final Decision: The applications for exemption from filing official translation and permission to file additional documents/facts/annexures are allowed. The court will further consider the application of Article 142 of the Constitution of India in cases of irretrievable breakdown of marriage. The case is listed for further proceedings on 28.09.2022.
ORDER
1. Applications for exemption from filing official translation and permission to file additional documents/facts/annexures are allowed.
2. Mr. V. Giri, learned Amicus Curiae has taken us through the contours of the controversy in the Reference order as also the additional questions framed by the learned Attorney General and his note.
3. We do believe that another question which would require consideration would be whether the power under Article 142 of the Constitution of India is inhibited in any manner in a scenario where there is an irretrievable breakdown of marriage in the opinion of the Court but one of the parties is not consenting to the terms.
4. The Registry to locate and place the opinion of the learned Attorney General in this behalf as also the submissions furnished to this Court earlier.
5. Learned Amicus will also depute one of the associates to do the house keeping task of making sure that all the material required for consideration is available.
6. Learned Amicus states that, if required, he will get a common convenience compilation ready.
List on 28.09.2022.
7. Learned counsel for parties to also file a short synopsis running into not more than three pages each as would the Amicus.
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