This week in Indian law: The Supreme Court Constitution Bench delivered a landmark judgment holding that Article 142 empowers the Court to directly dissolve marriages on the ground of irretrievable breakdown, even without mutual consent. Ethnic violence erupted in Manipur following a High Court order on Meitei scheduled tribe status. 2 significant legal developments this week across family-matrimonial and constitutional-rights.
Top story
SC Constitution Bench: Article 142 Empowers Direct Divorce Grant
Category: family-matrimonial | Date: 1 May 2023 | Source: Supreme Court of India
A five-judge Constitution Bench comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, Abhay S. Oka, Vikram Nath, and J.K. Maheshwari held in Shilpa Sailesh v. Varun Sreenivasan that the Supreme Court possesses the power under Article 142 to dissolve marriages on the ground of irretrievable breakdown, even where one spouse opposes the divorce. The Bench established the first comprehensive framework for exercising this extraordinary power, identifying relevant factors including period of separation, failed reconciliation attempts, nature and extent of inter-party litigation, and overall conduct indicating the matrimonial bond is beyond repair. The mandatory six-month cooling-off period under Section 13B(2) of the Hindu Marriage Act can be dispensed with.
Why it matters: This judgment fundamentally reshapes matrimonial litigation at the appellate level, filling a significant lacuna in Indian family law which lacks a statutory no-fault divorce ground.
Read more: Veritect analysis
Court judgments
Manipur Ethnic Violence Erupts After HC Order on ST Status
Date: 3 May 2023
Violent clashes erupted in Manipur between the majority Meitei community and the tribal Kuki-Zomi communities, following a Manipur High Court order directing the State Government to submit a recommendation to the Centre for inclusion of the Meitei community in the Scheduled Tribe list. Tribal organisations viewed the order as threatening their constitutionally protected special status and land rights in hill areas. The violence resulted in displacement of thousands, destruction of property, and imposition of curfew and internet shutdown across the state.
Key point: The Manipur crisis exposes the tension between competing claims of equality and constitutionally protected tribal status, raising fundamental questions about the scope and limits of Article 342 (Scheduled Tribes) and the Fifth and Sixth Schedules.
Also this week
- Same-sex marriage judgment reserved — SC Constitution Bench concluded hearings; judgment awaited.
- Constitution Bench judgment week ahead — Maharashtra political crisis and Delhi governance judgments expected on 11 May.
- No major regulatory developments — RBI and SEBI in routine operations; SC judgments dominate the landscape.
Looking ahead
- May 11: SC to deliver two Constitution Bench judgments on the same day — Maharashtra political crisis (Subhash Desai) and Delhi governance (GNCTD v. Union of India). A historic day.
- May 12: SC expected to address POSH Act compliance and PMLA bail issues.
- Late May: SC summer vacation begins; Jallikattu judgment expected before vacation.
This is the Veritect Weekly Legal Roundup for Week 18 of 2023. For daily updates, visit our legal news page. Subscribe to receive this roundup every Monday morning.
Veritect provides this content for informational purposes and does not constitute legal advice.