In this judgment delivered by Justice B.V. Nagarathna, the Supreme Court of India exercised its extraordinary powers under Article 142 of the Constitution of India to dissolve a marriage by mutual consent. Faced with a complete breakdown of marital ties and a web of 18 multi-city civil and criminal litigations spanning several years between the couple and their families, the Court stepped in to achieve complete justice. Noting that the parties willingly agreed to part ways and that the husband had paid a mutually agreed enhanced permanent alimony of ₹35,00,000, the bench dissolved the marriage, quashed all pending inter se proceedings, and barred the parties from initiating any fresh cases against each other.
- Background and Petitions: The wife filed transfer petitions seeking to transfer criminal proceedings and a Domestic Violence case from Cuttack, Odisha, to Mumbai, Maharashtra.
- Invocation of Article 142: During the pendency of the petitions, the husband filed an application under Article 142 of the Constitution of India seeking a decree of divorce and the quashing of all pending litigations.
- Consent to Divorce & Alimony: With the effective assistance of counsel and the Supreme Court Mediation Centre, the wife expressed her willingness to accept a decree of divorce by mutual consent, provided adequate permanent alimony was granted to support her medical needs.
- Financial Settlement: The Supreme Court enhanced the permanent alimony to ₹35,00,000, which was fully paid by the husband via an immediate part-payment and two demand drafts handed over during the hearings.
- Legal Precedents Followed: The Court relied on established precedents including Shilpa Sailesh v. Varun Sreenivasan and Rinku Baheti v. Sandesh Sharda, affirming that the Supreme Court can grant a divorce on the ground of irretrievable breakdown to achieve complete justice without relegating parties to trial courts.
- Comprehensive Quashing: A comprehensive table containing 18 distinct criminal cases, domestic violence applications, writ petitions, and family court matters filed by both sides was reviewed, and all such pending or connected proceedings were ordered to be quashed.
- Final Directions: The transfer petitions were disposed of, the marriage solemnized on December 4, 2016, was dissolved, the Registry was directed to draw up a formal decree, and the parties were strictly prohibited from filing any fresh cases against each other.
2026 INSC 1060
Shikha w/o Varun Surekha @ Shikha d/o Sharadkumar Raniwala v. State of Odisha & Others (With Transfer Petition (D.O.J. 28.09.2026)


