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Supreme Court of India· 28 September 2026

Can a decree of divorce by mutual consent under Article 142(1) be granted without a joint motion under s.13-B, Hindu Marriage Act, 1955?

SHIKHA v. STATE OF ODISHA & OTHERS
2026 INSC 1060
Coram: Justice B.V. Nagarathna · Justice R. Mahadevan
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Answer

A decree of divorce by mutual consent under Article 142(1) can be granted without a joint motion under s.13-B, Hindu Marriage Act, 1955.

Yes. A decree of divorce by mutual consent under Article 142(1) can be granted by the Supreme Court without relegating the parties to a joint motion under Section 13-B of the Hindu Marriage Act, 1955. Existence of the power is a question of law, while whether to exercise it in a given case is a mixed question of law and fact, assessed on that case's own facts.

Headnote

Constitution of India, 1950 — Article 142 — Hindu Marriage Act, 1955 — s.13-B — Divorce by mutual consent — Irretrievable breakdown of marriage — Quashing of connected proceedings — Constitution of India, 1950 — Article 142 — Divorce by mutual consent — Irretrievable breakdown — Held: Article 142(1) empowers this Court to decree divorce by mutual consent for irretrievable breakdown, without relegating parties to a joint motion under s.13-B, Hindu Marriage Act, 1955. Existence of the power is a question of law, while its exercise is a mixed question of law and fact. (¶20) Constitution of India, 1950 — Article 142 — Matrimonial settlement — Quashing of connected proceedings — Held further: Where a matrimonial settlement resolves the discord, Article 142(1) extends to quashing all connected civil and criminal proceedings between the parties, so litigation is not left to separate forums. Article 142 application allowed; marriage dissolved and pending proceedings quashed. (¶22, 25)

Headnote

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In the Court's own words
Paragraph 20At this stage, we find it apposite to refer to this Court’s decision in Shilpa Sailesh vs. Varun Sreenivasan, (2023) 14 SCC 231 (“Shilpa Sailesh”), which, while discussing the power to exercise discretion under Article 142 of the Constitution of India to do ‘complete justice’, held the following:
Acts & Sections
Article 142 Constitution of India, 1950s.13-B Hindu Marriage Act, 1955

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Also decided in this judgment
Can pending civil and criminal proceedings between parties to a matrimonial dispute be quashed under Article 142(1) once the parties reach a settlement?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections