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Sanjukta (pvt)     09 May 2023

Article 142 for divorce after 7 year separation

Can anyone give details if one can approach to SC directly for divorce when divorce case is pending in family court?

Separated almost 10 years.

Husband filed divorce and custody in 2017 and withdrew divorce in 2021. I filed divorce 2022. No claim. But he is not willing. Simply want to delay. Custody case in cross examination stage. Child is with me since birth and all taken care by me. He started paying for child from 2021 (crmsc order) and exercising visitation. 


 9 Replies

Sanjukta (pvt)     09 May 2023

Can you see this recent jusgement please?

New is here

T. Kalaiselvan, Advocate (Advocate)     10 May 2023

You cannot approach supreme court directly seeking divorce 

You may have to wait for the disposal of the divorce case by the trial court after whch only you can approach the appellate courts.


Dr J C Vashista (Advocate)     10 May 2023

Article 142 of the Constitution of India, 1950 empowers only Supreme Court of India to do complete justice, which include grant of decree of divorce where there is irretrivable breakdown of marriage and Supreme Court is siezed of the petition. 

No other Court (in India) can invoke the provision of Article 142 of the Constitution of India, 1950.

Consult the lawyer already engaged by you, if you have not lost your faith in him/her. Otherwise, engage and consult some other local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding

Sanjukta (pvt)     10 May 2023

Sir, Can I contact you?

Dr J C Vashista (Advocate)     10 May 2023

Yes, you may contact us, on any working day afternoon, on appointment.

Niharika Lohan   13 May 2023

Hi Sanjukta, I'm Niharika Lohan, an advocate practising in New Delhi. I've read your query and here is my take on it.


In general terms, you cannot approach the Supreme Court directly for a divorce suit. But, in exceptional and grave circumstances of irretrievable breakdown of marriage, you still have a ray of hope under Article 142 (also usually referred as Curative petition), Constitution of India, before the Supreme Court.


In the case of Anil Kumar Jain v Maya Jain the Court noted it could exercise the power granted under Article 142 in such cases where the marriage between the parties is to be found totally unworkable, emotionally dead, beyond salvage, and broken down irretrievably. It also exercised this power to put an end to all litigations and to save the parties from further agony.


I hope this information helps. You can contact me for further guidance at


N.K.Assumi (Advocate)     14 May 2023

See the Classic Judgment of Pankaj Kumar Pandey vs Chhipra Pandey on 2 May, 2023 of five judges bench consisting of Sanjay Kishan Kaul, Sanjiv Khanna, Abhay S. Oka, Vikram Nath, J.K. Maheshwari. :It is essential to note paras 16 of the Judgment-The divorce is inevitable, and the cooling off period of six months, if at all, breeds misery and pain, without any gain and benefit. These are cases where the object and purpose behind sub-section (2) to Section 13-B of the Hindu Marriage Act to safeguard against hurried and hasty decisions are not in issue and question, and the procedural requirement to move the court with the second motion after a gap of six months acts as an impediment in the settlement. At times, payment of alimony and permanent lump-sum maintenance gets delayed, while anxiety and suspicion remain. Here, the procedure should give way to a larger public and personal interest of the parties in ending the litigation(s), and the pain and sorrow effected, by passing a formal decree of divorce, as de-facto the marriage had ended much earlier.


Dr J C Vashista (Advocate)     14 May 2023

Dear Mr. Assumi ji,

The question of author is different (filing divorce petition u/A 142 directly in SC) to the ratio of law laid down in the cited case.

Thanks and regards 

Devendra singh Chauhan   02 August 2023

Hello sir,

I am separated for 7.5 years after 16 yrs of marriage and files divorce petition 5.5yrs back on the groung of adultery. Than she files domestic violence, dowry etc cases against me. Both the kids are with me and when she tried to charge me with Hebiuos Corps, High court granted me custody of childern. but other cases are still going on.

Now, question is, can i file divorce petition in supreme court as well based on current circumtances under sec 142(1) while my divorce petition is already under way in family court, as family court is taking its own time.

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