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
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)