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Supreme Court of India

Shilpa Sailesh v. Varun Sreenivasan

Neutral citation
Bench Sanjay Kishan Kaul, Sanjiv Khanna, Abhay S. Oka, Vikram Nath and J.K. Maheshwari JJ.
Decided 1 May 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

33 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the power to do ‘complete justice’ is not fettered by the doctrine of fault and blame, applicable to petitions for divorce under Section 13(1)(i-a) of the Hindu Marriage Act.

Judgment, page 47

From the headnote

Constitution of India – Art. 142 – Scope and ambit of – Held: The power u/Art. 142(1) is undefined and uncatalogued, so as to ensure elasticity to mould relief to suit a given situation – The Supreme Court can depart from the procedure as well as the substantive laws, as long as the decision is exercised based on considerations of fundamental general and specific public policy – While deciding whether to exercise discretion, the Court must consider the substantive provisions as enacted and not ignore the same, albeit the Court acts as a problem solver by balancing out equities between the…

Authorities it was built on

Where later benches applied it

Of those, 4 relied on · 4 followed · 7 referred to · 18 mentioned

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