In Shilpa Sailesh v. Varun Sreenivasan (2023), the Supreme Court of India has delivered a judgment on…
Shilpa Sailesh recognizes the Supreme Court's power under Article 142(1) to dissolve a marriage for irretrievable breakdown even if one spouse opposes divorce. The power is…
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In Shilpa Sailesh v. Varun Sreenivasan (2023), the Supreme Court of India has delivered a judgment on the issue of irretrievable breakdown of marriage. Which of the following is true?
Answer and explanation
Correct answer B
Shilpa Sailesh recognizes the Supreme Court's power under Article 142(1) to dissolve a marriage for irretrievable breakdown even if one spouse opposes divorce. The power is discretionary and must be exercised to do complete justice, after assessing whether the marriage has completely failed. The Court must also balance the circumstances of the spouse opposing dissolution; the decision does not make divorce automatic.
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