Supreme Court · 2023 INSC 468 · Decided 1 May 2023

Shilpa Sailesh v. Varun Sreenivasan

Court
Supreme Court of India
Citation
2023 INSC 468 · [2023] 5 S.C.R. 165
Case number
TRANSFER PETITION (CIVIL) No. 1118/2014
Decided
1 May 2023
Bench
SANJAY KISHAN KAUL, SANJIV KHANNA, ABHAY S. OKA, VIKRAM NATH, J.K. MAHESHWARI (5-judge bench)
Outcome
Reference answered
Case type
Civil
Acts & sections cited
Constitution Article 142, 32, 142(1); Hindu Marriage Act Section 13

Headnote

Constitution of India - Art. 142 - Scope and ambit of - Held: The power u/Art. 142(1) is undefined and uncatalogued, so as to ensure elasticity to mould relief to suit a given situation - The Supreme Court can depart from the procedure as well as the the decision is exercised based on considerations of fundamental general and specific public policy - While deciding whether to exercise discretion, the Court must consider the substantive provisions as enacted and not ignore the same, albeit the Court acts as a problem solver by balancing

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)