Shikha w/o Varun Surekha @ Shikha d/o Sharadkumar Raniwala vs State of Odisha

Headnote:(A) Constitution of India - Article 142 - Hindu Marriage Act, 1955 - Section 13-B - Divorce by mutual consent - Irretrievable breakdown of marriage - Power to do ‘complete justice’ - Where parties have lived separately for a long period and mutually agree to dissolve the marriage upon settlement of alimony, the court may exercise discretion under Article 142 to grant divorce and quash pending civil and criminal proceedings (Paras 20-21).

(B) Quashing of matrimonial litigations - Dissolution of marriage through extraordinary jurisdiction is permissible when it ends multiple legal proceedings and prevents further anxiety and burden on courts (Para 20).

Facts of the case:
The parties were married in 2016 and separated in 2022. Numerous criminal and civil cases were filed between the spouses and their respective family members. The husband sought a decree of divorce based on the irretrievable breakdown of the marriage and the quashing of all associated litigations. The parties eventually agreed to dissolve the marriage upon the payment of permanent alimony.

Findings of Court:
The court found that the marriage had come to a dead end, reconciliation was impossible, and the husband had paid the agreed-upon permanent alimony in full.

Issues: Whether the court could invoke Article 142 of the Constitution to grant a divorce by mutual consent and quash all pending civil and criminal proceedings arising from a matrimonial dispute.

Ratio Decidendi: Exercising jurisdiction under Article 142 to grant a decree of divorce and quash proceedings is justified when there is a long period of separation and a genuine, voluntary settlement regarding alimony, as this ensures complete justice and prevents the unnecessary perpetuation of litigation (Paras 20, 21, 23).

Result: Application allowed; marriage dissolved; pending cases quashed.

Legal Category Hierarchy

1. Transfer petitions by wife seeking transfer of criminal and DV cases from Cuttack to Mumbai. (Para 1 , 2 )

2. Wife agreed to divorce by mutual consent; dispute over quantum of permanent alimony. (Para 10 , 11 )

3. Marriage irretrievably broken; parties separated since 2022 with multiple pending cases. Court can grant divorce under Article 142. (Para 20 , 21 , 22 , 23 )

4. Supreme Court can exercise Article 142 power to grant divorce and quash cases when marriage is dead and settlement reached. (Para 20 , 21 )

5. Divorce granted by mutual consent; all pending cases quashed; transfer petitions disposed of. (Para 24 , 25 , 26 , 27 , 28 )

6. Can the Supreme Court grant a decree of divorce by mutual consent under Article 142 when proceedings are pending elsewhere?

Yes, the Supreme Court can exercise its power under Article 142(1) to do complete justice and grant divorce by mutual consent even when the main proceeding is before a Family Court or trial court. (Para 20 , 21 )

7. What factors are considered before granting divorce on ground of irretrievable breakdown under Article 142?

Key factors include: period of separation, nature of allegations, attempts at settlement, deadlock in marriage, and whether parties have freely and genuinely settled alimony and other terms. (Para 20 , 21 )

8. Can pending civil and criminal cases between parties be quashed when the Supreme Court exercises its Article 142 power in matrimonial matters?

Yes, the Supreme Court can quash all pending civil and criminal proceedings between the parties and their family members arising from the matrimonial dispute to do complete justice. (Para 25 )

JUDGMENT :

B.V. Nagarathna, J.

The present transfer petitions have been preferred by the petitioner/wife. In Transfer Petition (Criminal) No.493 of 2025, the parties therein also include respondent No.2/father-in-law and respondent No.3/husband. The reliefs sought in the said petition are reproduced as under:

b) pass other appropriate order.”

2. Transfer Petition bearing Transfer Petition (Civil) No.2564 of 2025 is filed by the petitioner/wife and her family members against respondent No.1/mother-in-law. The reliefs sought in the said petition are reproduced as under:

b) pass other appropriate order.”

3. This Court in Transfer Petition (Criminal) No.493 of 2025, vide order dated 03.06.2025, issued notice and granted stay of further proceedings in Charge Sheet No.251/2024 dated 31.12.2024 [in FIR No.148/2022 dated 03.09.2022 registered with Malgodown Police Station, UDP, Cuttack, Odisha], registered as GR Case (C) No.7039 of 2023 pending before the Judicial Magistrate, First Class-3, Cuttack, Odisha.

4. Similarly, in Transfer Petition No.2564 of 2025, vide order dated 24.09.2025, notice was issued by this Court and proceedings in DV Misc. Case No.60/2025, titled as “Sangita Shivkumar Surekha vs. Shikha Sharad Raniwala & Ors.” pending before the Court of the Judicial Magistrate First Class-III, Cuttack, Odisha, were stayed.

5. During the pendency of the present transfer petitions, respondent No.3/husband in Transfer Petition (Criminal) No.493 of 2025, filed an interlocutory application bearing I.A. No.294511 of 2025 before this Court under Article 142 of the Constitution of India seeking directions for dissolution of marriage by a decree of divorce on the ground of irretrievable breakdown of marriage and for quashing of all pending litigations between the parties. The reliefs sought by respondent No.3/husband are as follows:

b) Pass a decree of divorce, dissolving the marriage solemnized between the Applicant (Varun Shib Kumar Surekha) and the Petitioner (Shikha) on 04.12.2016, on the ground of irretrievable breakdown of marriage, in exercise of the powers of this Hon’ble Court under Article 142 of the Constitution of India;

c) Quash any and all pending civil and criminal proceedings initiated by the parties against each other and their family members, arising from this matrimonial dispute;

d) Pass any such other and further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

6. This Court, vide order dated 10.12.2025, issued notice in the aforesaid interlocutory application.

7. Ms. Shriya Maini, learned counsel submitted that she has received a legal notice from the petitioner stating that she should not represent the petitioner.

8. We take note of the said submission.

9. However, we do not find it necessary to discharge Ms. Maini from the cases as she has assisted the petitioner as well as this Court most effectively.

10. The petitioner is also present in person today. The petitioner was also present virtually on the last date of hearing, i.e, on 05.08.2026, when Ms. Maini made detailed submissions on the medical condition of the petitioner on the basis of which we directed the respondent to enhance the permanent alimony amount from Rs.30,00,000/- to Rs.35,00,000/-.

11. The order dated 05.08.2026 is extracted as under:

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2026 Supreme(SC) 1190

The Supreme Court can exercise powers under Article 142 of the Constitution to grant a decree of divorce on the ground of irretrievable breakdown of marriage and quash all pending civil and criminal proceedings to do complete justice when parties mutually agree and settle alimony.

Legal Category Hierarchy

Table of Contents

6. Can the Supreme Court grant a decree of divorce by mutual consent under Article 142 when proceedings are pending elsewhere?

7. What factors are considered before granting divorce on ground of irretrievable breakdown under Article 142?

8. Can pending civil and criminal cases between parties be quashed when the Supreme Court exercises its Article 142 power in matrimonial matters?

Judicial Analysis

2026 Supreme(SC) 1190

The Supreme Court can exercise powers under Article 142 of the Constitution to grant a decree of divorce on the ground of irretrievable breakdown of marriage and quash all pending civil and criminal proceedings to do complete justice when parties mutually agree and settle alimony.

Legal Category Hierarchy

Table of Contents

6. Can the Supreme Court grant a decree of divorce by mutual consent under Article 142 when proceedings are pending elsewhere?

7. What factors are considered before granting divorce on ground of irretrievable breakdown under Article 142?

8. Can pending civil and criminal cases between parties be quashed when the Supreme Court exercises its Article 142 power in matrimonial matters?

Cases Referred (4)

Judicial Analysis