Supreme Court of India

R. Srinivas Kumar v. R. Shametha

Neutral citation

Reported as [2019] 12 S.C.R. 873

Bench Sanjay Kishan Kaul and M. R. Shah JJ.

Decided 4 October 2019

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above and for the reasons stated above, the application for divorce filed by the appellant-husband for dissolution of marriage is hereby allowed.

Judgment, page 8

From the headnote

Hindu Marriage Act, 1955: s. 13(1) – Petition under – On the grounds mentioned in s. 13(1)(ia) and (ib) – Also sought divorce on the gro und of irretrievable breakdown of marriage – Refused by cou rts below – In appeal to Supreme Court sought divorce on the gr ound of irretrievable breakdown of marriage in exercise of powers under Art. 142 of the Constitution – Held: Supreme Court in exercise of its inherent powers u/Art. 142 can dissolve the mar riage on the ground of irretrievable breakdown of marriage, eve n if the facts of the case do not provide a ground in law on which divorce could be

Authorities it was built on

2007 Samarghosh v. Jaya Ghosh cited by 10
2010 Manish Goel v. Rohini Goel cited by 10
2006 Naveen Kohli v. Neelu Kohli cited by 9
2011 Hitesh Bhatnagar v. Deepa Bhatnagar cited by 8
2005 Durga Prasanna Tripathy v. Arundhatl Tripathy cited by 6
2013 K. Srinivas Rao v. D.A. Deepa cited by 4
2009 Vishnu Dutt Sharma v. Manju Sharma cited by 4
2006 Sanghamitra Ghosh v. Kajal Kumar Ghosh cited by 4
2013 Darshan Gupta v. Radhika Gupta cited by 3
2001 Chetandass v. Kamla Devi cited by 2

Where later benches applied it

2026 Sonal Talpada v. Veerbhan Singh relied on
2024 Rinku Baheti v. Sandesh Sharda referred to
2023 Shilpa Sailesh v. Varun Sreenivasan referred to
2021 Sivasankaran v. Santhimeenal referred to
2023 Delma Lubna Coelho v. Edmond Clint Fernandes distinguished

Of those, 1 relied on · 1 distinguished · 3 referred to

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