Yes, the Supreme Court of India can dissolve a marriage even if one spouse objects, by invoking its extraordinary powers under Article 142(1) of the Constitution on the ground of “Irretrievable Breakdown of Marriage.” As established in the Constitution Bench ruling Shilpa Sailesh v. Varun Sreenivasan, the Court can grant a decree of divorce to achieve complete justice, provided that permanent alimony, Stridhan return, and child custody rights are fully secured.
What Are the Mandatory Factors Considered by the Supreme Court Under Article 142?
To determine whether a marriage is emotionally dead and beyond reconciliation, the Supreme Court evaluates specific objective criteria:
- Duration of Cohabitation vs. Separation: The period of time the spouses cohabited after marriage compared against the duration of separation (typically requiring continuous separation of 6 years or more).
- Failure of Multiple Mediation Attempts: Evidence that court-mandated conciliation and alternative dispute resolution (ADR) efforts have completely collapsed.
- Volume of Parallel Litigation: Existence of multiple pending criminal and civil cases (e.g., Section 85 BNS / Section 498A, domestic violence petitions, and Section 144 BNSS maintenance claims).
- Complete Financial & Custodial Safeguards: Ensuring that the spouse resisting divorce is not left financially destitute through adequate permanent alimony and child support arrangements.
To review official constitutional benchmarks, visit the Supreme Court of India Portal and read codified statutory provisions on the India Code Legislative Portal.
| Legal Parameter | Family Court Procedure (Hindu Marriage Act, 1955) | Supreme Court Jurisdiction (Article 142 Constitution) |
| Ground of Irretrievable Breakdown | Not recognized as a statutory ground under Section 13/13B. | Fully recognized as an equitable ground for complete justice. |
| Consent Requirement | Requires mutual consent of both parties under Section 13B. | Can grant divorce even if one party objects, subject to equity. |
| 6-Month Cooling-Off Period | Mandatory unless waived through formal application. | Can be dispensed with immediately by the Supreme Court. |
| Applicable Court Forum | District Family Courts (Dwarka, Saket, Rohini, Patiala House, Tis Hazari). | Exclusively exercisable by the Supreme Court of India. |
Why Can’t Family Courts or High Courts Grant Divorce on Irretrievable Breakdown?
Family Courts and High Courts are bound strictly by the codified text of the Hindu Marriage Act, 1955, which only recognizes fault grounds (Section 13) and mutual consent (Section 13B). Because Parliament has not amended the statute to include “Irretrievable Breakdown” as a legislative ground, subordinate courts cannot create new grounds of divorce. Article 142 is a plenary power vested exclusively in the Supreme Court of India.
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