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.
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- ›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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