Supreme Court Grants Divorce by Invoking Article 142 in a Transfer Petition
– Landmark Judgment: Rinku Baheti vs. Sandesh Sharda (Transfer Petition (C) No. 278 of 2023 decided on 19th December 2024) (By Legal Light Consulting – LLC Lawyers & Supreme Court Specialists) For educational & awareness purposes only | Not legal advice
In a path-breaking order delivered on 19th December 2024, a Bench of Hon’ble Justice B.V. Nagarathna and Hon’ble Justice Pankaj Mithal dissolved a childless marriage by exercising the extraordinary powers under Article 142(1) of the Constitution, even though one spouse was strongly opposing the divorce.
What makes this judgment special?
- The case came up as a simple Transfer Petition (wife wanted the divorce case pending in Mumbai to be transferred to Rajasthan).
- Instead of merely transferring the case, the Supreme Court went one step further and directly granted divorce on the ground of irretrievable breakdown of marriage.
- This is one of the clearest and latest reiterations of the Supreme Court’s power to dissolve a marriage without mutual consent when it is completely dead.
Key Legal Principles Reaffirmed in Rinku Baheti vs. Sandesh Sharda (2024)
- Article 142(1) is discretionary, not a matter of right No party can demand dissolution as a right. It is entirely the Court’s discretion.
- Irretrievable breakdown is now a valid ground for divorce under Article 142 Even if Hindu Marriage Act or Special Marriage Act does not statutorily recognise “irretrievable breakdown” as a ground, the Supreme Court can still grant divorce under Article 142.
- When will the Court grant divorce despite opposition? Only when the Court is fully satisfied that:
- The marriage has completely failed
- There is no possibility whatsoever of reconciliation
- Continuation of the legal tie is meaningless and oppressive
- The deadlock is beyond repair
- No exhaustive list of factors The Court will examine facts of each case in light of guidelines given in Shilpa Sailesh vs. Varun Sreenivasan (2023) 14 SCC 231 and other judgments (length of separation, attempts at reconciliation, age, children, financial position, etc.).
- Absence of children makes it easier In the present case, since no child was born out of the wedlock, the Court found it a fit case to put an end to the marriage immediately.
Practical Takeaways for Litigants & Lawyers (2024–2025)
- If your marriage is dead for years, has no children, and reconciliation is impossible → you can now pray for direct divorce in the Supreme Court itself while filing or defending a Transfer Petition.
- Transfer Petitions (especially matrimonial ones) are no longer just about “change of court” — they have become a fast-track route for divorce by mutual hardship or irretrievable breakdown.
- Opposing divorce blindly may prove futile when the Supreme Court sees a completely broken marriage.
- Always file detailed affidavit and evidence of failed mediation/reconciliation attempts — this strengthens your Article 142 prayer.
Why This Judgment Matters in 2025
This is the latest authoritative pronouncement (December 2024) after Shilpa Sailesh (2023) and re-emphasises that the Supreme Court will not allow parties to remain trapped in a lifeless marriage when there is no hope left.
Need Help?
If you or your client is stuck in a broken marriage with cases pending in different states, our team at Legal Light Consulting can:
- File urgent Transfer Petition with prayer for dissolution under Article 142
- Draft strong affidavits highlighting irretrievable breakdown
- Seek permanent alimony/stridhan settlement in the same petition
- Get the matter listed urgently before the appropriate Bench
Contact Legal Light Consulting – LLC Lawyers Supreme Court of India Specialists in Transfer Petitions & Article 142 Divorce Cases Same-day drafting | Urgent listing | Pan-India coordination
✆ WhatsApp/Call: +91 9999 641341
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Disclaimer: This article is for educational purposes only and does not constitute legal advice. The information provided is a general analysis of a recent judgment. For expert legal guidance tailored to your specific situation, please contact an LLC Lawyer immediately.
