web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Shilpa Sailesh Vs Varun Sreenivasan on 01 May 2023

Posted on May 6, 2023 by ShadesOfKnife

A Constitution Bench of 5 judges held as follows,

From Para 40,

40. In view of our findings recorded above, we are of the opinion that the decisions of this Court in Manish Goel (supra), Neelam Kumar (supra), Darshan Gupta (supra), Hitesh Bhatnagar (supra), Savitri Pandey (supra) and others have to be read down in the context of the power of this Court given by the Constitution of India to do ‘complete justice’ in exercise of the jurisdiction under Article 142(1) of the Constitution of India. In consonance with our findings on the scope and ambit of the power under Article 142(1) of the Constitution of India, in the context of matrimonial disputes arising out of the Hindu Marriage Act, 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. As held above, this Court’s power to dissolve marriage on settlement by passing a decree of divorce by mutual consent, as well as quash and set aside other proceedings, including criminal proceedings, remains and can be exercised.

From Para 41,

41. Lastly, we must express our opinion on whether a party can directly canvass before this Court the ground of irretrievable breakdown by filing a writ petition under Article 32 of the Constitution. In Poonam v. Sumit Tanwar65, a two judges’ bench of this Court has rightly held that any such attempt must be spurned and not accepted, as the parties should not be permitted to file a writ petition under Article 32 of the Constitution of India, or for that matter under Article 226 of the Constitution of India before the High Court, and seek divorce on the ground of irretrievable breakdown of marriage. The reason is that the remedy of a person aggrieved by the decision of the competent judicial forum is to approach the superior tribunal/forum for redressal of his/her grievance. The parties should not be permitted to circumvent the procedure by resorting to the writ jurisdiction under Article 32 or 226 of the Constitution of India, as the case may be. Secondly, and more importantly, relief under Article 32 of the Constitution of India can be sought to enforce the rights conferred by Part III of the Constitution of India, and on the proof of infringement thereof. Judicial orders passed by the court in, or in relation to, the proceedings pending before it, are not amenable to correction under Article 32 of the Constitution of India.66 Therefore, a party cannot file a writ petition under Article 32 of the Constitution of India and seek relief of dissolution of marriage directly from this Court. While we accept the said view, we also clarify that reference in Poonam (supra) to Manish Goel (supra) and the observation that it is questionable whether the period of six months for moving the second motion can be waived has not been approved by us.

Shilpa Sailesh Vs Varun Sreenivasan on 01 May 2023

Citations: [2023 SCC OnLine SC 544]

Other Sources:


Earlier Matter is here.


Index of Divorce judgments is here.

Shades of Knife


Disclaimer:

The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice and should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.

Judgments curated, reproduced from sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other similar Indian High Court and District Court Websites such as ecourts.gov.in, dcourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Read more gyan here.

Though, I can mask/redacts content (like names of parties from cause title!) from my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express bar from a Competent Court.

Om Shanthi !!!


Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at

AnaghaLegalReliefs.in !!! (work-in-progress)

We are on social media too.
Just google for: Anagha Legal Reliefs

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 5-Judge Constitutional Bench Decision Article 142 - Enforcement of decrees and orders of Supreme Court and orders as to discovery etc Catena of Landmark Judgments Referred/Cited to Irretrievable Breakdown of Marriage Landmark Case Reportable Judgement or Order Shilpa Sailesh Vs Varun Sreenivasan | Leave a comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Search within entire Content of “Shades of Knife”

My Legal X Timeline

Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
idf Israel Defense Forces @idf ·
14h

Yonatan Samerano was murdered and kidnapped during the Oct. 7 Massacre by an @UNRWA worker.

Yesterday, his body was recovered alongside the bodies of SSGT Shay Levinson, and Ofra Keidar in Gaza.

Where is the world’s outrage?

Reply on Twitter 1937204678606848216 Retweet on Twitter 1937204678606848216 1185 Like on Twitter 1937204678606848216 4398 X 1937204678606848216
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
yashtdp_ Yash @yashtdp_ ·
24h

నరసరావుపేటలో యువత పోరు అంటూ నాటకాలు వేస్తున్న పేటీఎం కుక్కల్ని చితకబాదిన ఏపీ పోలీసులు..👏💪
#Yuvathaporu #Narasaraopet

Reply on Twitter 1937057195713265893 Retweet on Twitter 1937057195713265893 323 Like on Twitter 1937057195713265893 1588 X 1937057195713265893
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
osint613 Open Source Intel @osint613 ·
12h

Trump: “Iran has officially responded to our obliteration of their nuclear facilities with a very weak response, which we expected, and have very effectively countered. There have been 14 missiles fired — 13 were knocked down, and 1 was ‘set free’ because it was headed in a…

Reply on Twitter 1937238782568464825 Retweet on Twitter 1937238782568464825 125 Like on Twitter 1937238782568464825 996 X 1937238782568464825
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
spectatorindex The Spectator Index @spectatorindex ·
12h

BREAKING: Trump thanks Iran for giving 'early notice' of its 'very weak response'

Reply on Twitter 1937238841561350369 Retweet on Twitter 1937238841561350369 900 Like on Twitter 1937238841561350369 7118 X 1937238841561350369
Load More

Recent Posts

  • Dhaval Rajendrabhai Soni Vs Bhavini Dhavalbhai Soni and Ors on 04 Feb 2011 June 22, 2025
  • Ghanshyam Soni Vs State (NCT of Delhi) and Anr on 04 Jun 2025 June 17, 2025
  • V.Rajesh Vs S.Anupriya on 04 Jun 2025 June 16, 2025
  • Bal Manohar Jalan Vs Sunil Paswan and Anr on 30 Jun 2014 June 8, 2025
  • Bilal Ahmad Ganaie Vs Sweety Rashid and Ors on 11 May 2023 June 8, 2025

Most Read Posts

  • Vishal Shah Vs Monalisha Gupta and Ors on 20 Feb 2025 (2,685 views)
  • Mudireddy Divya Vs Sulkti Sivarama Reddy on 26 Mar 2025 (2,217 views)
  • Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025 (1,983 views)
  • Madan Kumar Satpathy Vs Priyadarshini Pati on 07 Feb 2025 (1,595 views)
  • Megha Khetrapal Vs Rajat Kapoor on 19 Mar 2025 (1,419 views)
  • Om Prakash Ambadkar Vs State of Maharashtra and Ors on 16 Jan 2025 (1,169 views)
  • Ivan Rathinam Vs Milan Joseph on 28 Jan 2025 (1,048 views)
  • State of AP Vs Basa Nalini Manohar and Ors on 23 Dec 2024 (872 views)
  • Saikat Das Vs State of West Bengal and Anr on 27 Mar 2025 (798 views)
  • Akkala Rami Reddy Vs State of AP and Anr on 30 Apr 2025 (776 views)

Tags

Reportable Judgement or Order (402)2-Judge (Division) Bench Decision (372)Landmark Case (368)Legal Procedure Explained - Interpretation of Statutes (367)1-Judge Bench Decision (293)Catena of Landmark Judgments Referred/Cited to (273)Work-In-Progress Article (216)3-Judge (Full) Bench Decision (97)Sandeep Pamarati (93)Article 21 - Protection of life and personal liberty (77)Issued or Recommended Guidelines or Directions or Protocols to be followed (68)Perjury Under 340 CrPC (59)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (58)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (43)HM Act 13 - Divorce Granted to Husband (42)Not Authentic copy hence to be replaced (40)CrPC 482 - Quash (39)Divorce granted on Cruelty ground (39)Legal Terrorism (38)

Categories

Supreme Court of India Judgment or Order or Notification (716)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (318)High Court of Andhra Pradesh Judgment or Order or Notification (179)High Court of Delhi Judgment or Order or Notification (141)High Court of Bombay Judgment or Order or Notification (106)High Court of Karnataka Judgment or Order or Notification (86)High Court of Madras Judgment or Order or Notification (66)General Study Material (55)High Court of Allahabad Judgment or Order or Notification (50)High Court of Punjab & Haryana Judgment or Order or Notification (50)Assorted Court Judgments or Orders or Notifications (49)Prakasam DV Cases (46)LLB Study Material (46)District or Sessions or Magistrate Court Judgment or Order or Notification (43)Judicial Activism (for Public Benefit) (42)High Court of Kerala Judgment or Order or Notification (39)High Court of Madhya Pradesh Judgment or Order or Notification (35)High Court of Gujarat Judgment or Order or Notification (28)High Court of Telangana Judgment or Order or Notification (26)High Court of Calcutta Judgment or Order or Notification (23)

Recent Comments

  • Risha Bhatnagar on Pitchika Lakshmi Vs Pichika Chenna Mallikaharjuana Rao on 24 Dec 2012
  • ShadesOfKnife on Index of all Summary Case Law Pages on Shades of Knife
  • kanwal Kishore Girdhar on Index of all Summary Case Law Pages on Shades of Knife
  • SUBHASH KUMAR BANSAL on Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • June 2025 (10)
  • May 2025 (3)
  • April 2025 (10)
  • March 2025 (7)
  • February 2025 (8)
  • January 2025 (1)
  • December 2024 (3)
  • November 2024 (4)
  • October 2024 (16)
  • September 2024 (15)
  • August 2024 (14)
  • July 2024 (11)
  • June 2024 (18)
  • May 2024 (13)
  • April 2024 (9)
  • March 2024 (23)
  • February 2024 (15)
  • January 2024 (11)
  • December 2023 (11)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (18)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • BGW (Baghdad) on 2025-07-03 July 3, 2025
    THIS IS A SCHEDULED EVENT Jul 3, 03:00 - 05:30 UTCJun 12, 23:01 UTCScheduled - We will be performing scheduled maintenance in BGW (Baghdad) datacenter on 2025-07-03 between 03:00 and 05:30 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • NJF (Najaf) on 2025-07-03 July 3, 2025
    THIS IS A SCHEDULED EVENT Jul 3, 03:00 - 05:30 UTCJun 12, 23:01 UTCScheduled - We will be performing scheduled maintenance in NJF (Najaf) datacenter on 2025-07-03 between 03:00 and 05:30 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • BSR (Basra) on 2025-07-03 July 3, 2025
    THIS IS A SCHEDULED EVENT Jul 3, 03:00 - 05:30 UTCJun 12, 23:01 UTCScheduled - We will be performing scheduled maintenance in BSR (Basra) datacenter on 2025-07-03 between 03:00 and 05:30 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]

RSS List of Spam Server IPs from Project Honeypot

  • 212.57.126.100 | SD June 23, 2025
    Event: Bad Event | Total: 51 | First: 2025-06-23 | Last: 2025-06-23
  • 180.178.47.195 | SD June 23, 2025
    Event: Bad Event | Total: 120 | First: 2025-05-17 | Last: 2025-06-23
  • 162.248.100.196 | S June 23, 2025
    Event: Bad Event | Total: 78 | First: 2025-03-02 | Last: 2025-06-23
Owned and Operated by Advocate Sandeep Pamarati
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 6072 access attempts in the last 7 days.

pixel