SUPREME COURT OF INDIA | LANDMARK JUDGMENT
Supreme Court Ends Matrimonial Dispute & Quashes Pending Cases Using Article 142
Main Judgment
The Supreme Court dissolved the marriage between the parties by mutual consent under Article 142 of the Constitution of India, after finding that the marriage had reached a dead end and there was no possibility of reconciliation.
The Court noted that the parties had agreed to part ways and that the husband had paid ₹35 lakh towards full and final settlement of the wife’s claims as permanent alimony. The Supreme Court thereafter quashed the pending civil and criminal proceedings filed inter se between the parties and their family members, as covered by the order.
The Court also directed the parties not to file any fresh cases against each other.
Key Facts
- Parties: Shikha w/o Varun Surekha @ Shikha d/o Sharadkumar Raniwala v. State of Odisha & Others.
- Marriage: The parties were married on 04.12.2016 at Cuttack, Odisha.
- Separation: The parties had been living separately since 2022 due to irreconcilable differences.
- Multiple Proceedings: Numerous civil and criminal proceedings were pending between the spouses and their family members across different forums.
- Permanent Alimony: The husband agreed to pay ₹35 lakh towards full and final settlement of the wife’s claims. The Court recorded that ₹2 lakh had been paid immediately and the balance ₹33 lakh was handed over through demand drafts.
- Final Resolution: The Supreme Court dissolved the marriage and quashed the pending cases between the parties covered by its order.
Why It Matters
Important Development in Matrimonial Litigation: The Supreme Court can exercise its extraordinary jurisdiction under Article 142 of the Constitution to do “complete justice” in appropriate matrimonial cases.
Where the facts demonstrate that the marriage has irretrievably broken down, the parties have mutually agreed to separate, and the settlement is genuine and addresses relevant issues such as alimony and pending litigation, the Supreme Court may exercise its Article 142 jurisdiction to dissolve the marriage and provide consequential reliefs.
Quashing of Connected Proceedings: In the present case, the Supreme Court quashed the pending civil and criminal cases filed inter se between the parties and their family members, and directed the parties not to institute fresh cases against each other.
Important: Article 142 does not mean that every matrimonial dispute can automatically be dissolved by the Supreme Court. The Court itself emphasised that the existence of the power and its exercise in a particular case are different questions. The discretion depends upon the factual circumstances and objective considerations of the individual case.
Case Title, Citation, Date & Bench
Case Name: Shikha w/o Varun Surekha @ Shikha d/o Sharadkumar Raniwala v. State of Odisha & Others
Citation: 2026 INSC 1060
Case No.: Transfer Petition (Criminal) No. 493 of 2025, along with Transfer Petition (Civil) No. 2564 of 2025
Judgment Date: 28 September 2026
Court: Supreme Court of India
Bench: Justice B.V. Nagarathna & Justice R. Mahadevan
Key Legal Principle
The Supreme Court relied upon and followed the principles laid down in:
Shilpa Sailesh v. Varun Sreenivasan (2023)
The judgment recognised the Supreme Court’s power under Article 142(1) to do complete justice in appropriate matrimonial matters and to deal with connected proceedings in accordance with the settlement between the parties.
Rinku Baheti v. Sandesh Sharda
The Supreme Court subsequently applied the Article 142 principles in an appropriate matrimonial dispute involving irretrievable breakdown of marriage.
Key Legal Takeaway
The judgment demonstrates how Article 142 of the Constitution of India may be exercised by the Supreme Court in an appropriate matrimonial dispute to bring comprehensive finality to the litigation, including dissolution of marriage and consequential treatment of connected civil and criminal proceedings.
For legal advice relating to divorce, mutual consent divorce, matrimonial disputes, permanent alimony, quashing of criminal cases and matrimonial litigation, consult Adv. Keshav Mehra Advocate in Gurgaon experienced in family and matrimonial law.
