Prakashchandra Joshi vs Kuntal Prakashchandra Joshi @ Kuntal Visanji Shah 2024 INSC 55 :: [2024] 1 S.C.R. 697- Article 142 Constitution -Irretrievable Breakdown Of Marriage

Constitution of India, 1950; Article 142- Exercise of jurisdiction under Article 142 (1) of the Constitution of India is clearly permissible to do ‘complete justice’ to a ‘cause or matter’ and this Court can pass an order or decree which a family court, trial court or High Court can pass and when such power is exercised, the question or issue of lack of subject-matter jurisdiction does not arise- in exercise of power under Article 142(1) of the Constitution of India, has the discretion to dissolve the marriage on the ground of its irretrievable breakdown. This discretionary power is to be exercised to do ‘complete justice’ to the parties, wherein this Court is satisfied that the facts established show that the marriage has completely failed and there is no possibility that the parties will cohabit together, and continuation of the formal legal relationship is unjustified – Referred to Shilpa Sailesh vs. Varubn Sreenivasan (2023) SCC online SC 544- In this case, the Court noted that parties are residing separately since February, 2011 and there have been no contact whatsoever between them during this long period of almost 13 years. The wife is not even responding to the summons issued by the courts – It seems she is no longer interested in continuing the marital relations with the husband. Therefore, the present is a case of irretrievable breakdown of marriage as there is no possibility of the couple staying together.

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