"Marriage Has Reached A Dead End": Supreme Court Grants Divorce Invoking Article 142 Powers; Grants ₹35L Alimony & Quashes 18 Cases Between Estranged Couple
On the settled principle, the Bench noted that it can dissolve marriage under Article 142 and quash all inter-se litigation where parties have settled and marriage has reached a dead end.
Justice B.V. Nagarathna, Justice R. Mahadevan, Supreme Court
The Supreme Court has exercised its extraordinary powers under Article 142 of the Constitution of India to grant a decree of divorce by mutual consent to an estranged couple, quash 18 pending civil and criminal proceedings across multiple states, and permanently bar fresh litigation between them. Noting that the marriage has reached a dead end with no possibility of reconciliation, the Bench dissolved the marital ties after the husband handed over ₹35 lakh in permanent alimony to the wife.
The Court reiterated the settled principles laid down in Shilpa Sailesh v. Varun Sreenivasan (2023) 14 SCC 231 and Rinku Baheti v. Sandesh Sharda (2025) 3 SCC 686.
A Bench of Justice B.V. Nagarathna and Justice R. Mahadevan observed, “We therefore find force in the submission of learned counsel for the respondent No.3/husband that since the marriage between the parties in the present case has come to a dead end and there is no possibility of reconciliation, real justice will be achieved by allowing the application filed by respondent No.3/husband under Article 142 of the Constitution and consequently granting the prayers for a decree of divorce by mutual consent and quashing of pending cases between the parties”.
Advocate Shriya Maini assisted the Court while Advocate Sharian Mukherjee appeared for the petitioner and Advocate Mandeep Kalra appeared for the respondent.
The parties married on December 4, 2016 at Cuttack, Odisha, and began living separately from 2022. The wife had filed two transfer petitions, one seeking transfer of a chargesheet in a criminal case from Cuttack to Mumbai, and the other seeking transfer of a domestic violence case filed by her mother-in-law.
Multiple proceedings were pending between the parties and their family members, including a divorce petition, complaints in Noida, proceedings under the Domestic Violence Act and Section 498A IPC in Mumbai, and matters before the Orissa and Delhi High Courts.
The Court had stayed the impugned proceedings in June and September 2025. During the pendency of the petitions, the husband filed an application under Article 142 seeking divorce on the ground of irretrievable breakdown and quashing of all litigation. Mediation failed initially, and the parties were again referred to the Supreme Court Mediation Centre in February 2026.
On August 5, 2026, the wife's counsel stated she was ready to accept a divorce by mutual consent, and, citing her medical condition, pressed for higher alimony. The Court recorded the husband's increase of the offer from ₹15 lakh to ₹35 lakh, on the Court's suggestion, against an initial claim of ₹30 lakh.
The Court recorded that the parties had lived apart since 2022, that a long list of civil and criminal cases had been filed by them and their families, and that earlier mediation had not succeeded. It concluded that the marriage had reached a dead end and that no reconciliation was possible.
It allowed the husband's application, declared the marriage dissolved and quashed the listed and any other inter-se proceedings. It also disposed of both transfer petitions and directed the Registry to draw up the decree. It noted that the wife had received the ₹2 lakh first tranche and, in Court, the demand drafts for the balance ₹33 lakh.
Cause Title: S v. State of Odisha & Ors. (Neutral Citation: 2026 INSC 1060)
Appearances:
Petitioner: Shriya Maini, Sharian Mukherjee Advocates.
Respondent: Mandeep Kalra, Advocate.