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2016 Supreme(SC) 1754

SHIVA KIRTI SINGH, R. BANUMATHI
Shilpa Sailesh – Appellant
Versus
Varun Sreenivasan – Respondent


Advocates appeared:
For the Petitioners: Meenakshi Arora, Indira Jaising, Rohan Pankaj Kothari, Sudha Shankar, V. Giri, Himinder Lal, Dushyant Dave, Hetu Arora Sethi, Nirnimesh Dube, Ankur S. Kulkarni, Anand Srivastava, Shubham Jaiswal, Shweta S. Parihar, Darpan K.M.
For the Respondents: Nirnimesh Dube, Ankur S. Kulkarni, Anand Srivastava, Shubham Jaiswal, Shweta S. Parihar, Ekansh, Yunus Malik, Rajeeta Raj, Sanjeev Agarwal, Himinder Lal.

ORDER :

1. Heard the parties.

2. A perusal of order passed on 6th May, 2015 including signed order of that day shows that case of Mrs. Shilpa Sailesh (Transfer Petition (Civil) No. 1118/2014) stands finally decided but only for considering two larger questions formulated in paragraph 5 of the signed order, the matters have been kept pending. For convenience sake, paragraphs 4 to 7 of that order are extracted herein-below:

    “4. Notwithstanding the above order passed by us, for the purpose of statistics the present transfer petitions shall remain pending as we are of the view that an issue of some importance needs to be addressed by the Court in view of the huge number of requests for exercise of power under Article 142 of the Constitution that has confronted this Court consequent to settlement arrived at by and between the husband and the wife to seek divorce by mutual consent.

    5. The questions are formulated herein-below:

    1. “What could be the broad parameters for exercise of powers under Article 142 of the Constitution to dissolve a marriage between the consenting parties without referring the parties to the Family Court to wait for the mandatory period prescribed under Section 13-B of

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