Shilpa Sailesh Vs Varun Sreenivasan

(1) Divorce by mutual consent – Supreme Court, in view of settlement between the parties, has discretion to dissolve marriage by passing a decree of divorce by mutual consent, without being bound by the procedural requirement to move second motion.

(2) Supreme Court, in exercise of power under Article 142(1) of Constitution of India, has discretion to dissolve marriage on the ground of its irretrievable breakdown – This discretionary power is to be exercised to do ‘complete justice’ to parties.

(3) A party cannot file a writ petition under Article 32 of the Constitution of India and seek relief of dissolution of marriage directly from Supreme Court.