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Supreme Court Affirms Article 142 Powers for Irretrievable Breakdown Divorce; Law Commission Report (1978) Recommended Reform

Target:UPSC GS-IIMPSCTeachingSSC GAPrelims HighMains HighStatic GK Link
10 Jun 2026
~2 min
Source: Indian Express
Key Data:Article 14271st Law Commission Report (1978)Shilpa Sailesh v. Varun Sreenivasan (2023)Section 13B of Hindu Marriage Act
Bodies:Supreme Court of IndiaLaw Commission of India
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What This Article Covers

1.The article critiques India's fault-based divorce regime under the Hindu Marriage Act, 1955 and Special Marriage Act, 1954, which necessitates proving a matrimonial wrong.

2.The Supreme Court, in Shilpa Sailesh v. Varun Sreenivasan (2023), affirmed its power under Article 142 to dissolve marriages on grounds of irretrievable breakdown.

3.The Justice H.R. Khanna-chaired 71st Law Commission Report (1978) recommended incorporating irretrievable breakdown as a ground for divorce, a reform still pending.

The Big Picture
Prelims · HighMains · High

Current divorce law under Hindu Marriage Act (1955) and Special Marriage Act (1954) is fault-based, forcing adversarial litigation. The Supreme Court (2023) used Article 142 to grant divorce for irretrievable breakdown, highlighting a legal gap. A 1978 Law Commission report recommended reform, but no statutory provision exists, making relief dependent on reaching the apex court.

Exam Lens

Quick Exam Facts From News

Relevant ArticleArticle 142 of the Constitution
Key Case (2023)Shilpa Sailesh v. Varun Sreenivasan
Law Commission Report71st Report (1978), chaired by Justice H.R. Khanna
Divorce SectionSection 13B of Hindu Marriage Act (Mutual Consent)

1-Minute Revision

  • ›Relevant Article: Article 142 of the Constitution
  • ›Key Case (2023): Shilpa Sailesh v. Varun Sreenivasan
  • ›Target this Legal Point: Article 142 of the Constitution (Supreme Court's power for 'complete justice').
  • ›Target this Report: 71st Law Commission Report (1978) chaired by Justice H.R. Khanna.
  • ›Target this Case Law: Shilpa Sailesh v. Varun Sreenivasan (2023) on irretrievable breakdown.

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Q1Static LinkageEasy

The article mentions a report by the Law Commission of India that recommended introducing 'irretrievable breakdown of marriage' as a ground for divorce. Who chaired this Law Commission?

Q2Statement-basedHard

Consider the following statements regarding divorce laws in India as discussed in the article:

1. The Hindu Marriage Act, 1955 currently provides 'irretrievable breakdown of marriage' as a statutory ground for divorce.

2. The Supreme Court, in the case of Shilpa Sailesh v. Varun Sreenivasan (2023), dissolved a marriage by invoking its powers under Article 142 of the Constitution.

3. The Special Marriage Act, 1954 recognizes divorce only on the basis of mutual consent and not on fault grounds.

Which of the statements given above is/are correct?

Q3Data-centricMedium

As per the article, in which year did the Supreme Court deliver the judgment in the case of Shilpa Sailesh v. Varun Sreenivasan, which is central to the discussion on irretrievable breakdown of marriage?

Q4Application/ImpactMedium

According to the article's analysis, what is a primary concern that must be addressed if a law for 'irretrievable breakdown of marriage' is introduced, especially in cases of unilateral divorce?

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