Citation: Shikha w/o Varun Surekha @ Shikha d/o Sharadkumar Raniwala v. State of Odisha & Others, 2026 INSC 1060
The Supreme Court, by invoking its plenary powers under Article 142(1) of the Constitution of India, can dissolve a marriage by mutual consent and quash all connected civil and criminal proceedings without relegating the parties to trial or family courts to move a joint motion under Section 13-B of the Hindu Marriage Act, 1955, provided the Court is satisfied that the marriage has reached an irretrievable deadlock with no possibility of reconciliation, a prolonged period of separation exists, and a voluntary, genuine settlement regarding permanent alimony has been fully fulfilled.
This judgment is about a Supreme Court case resolving a bitter, long-standing matrimonial dispute between a husband and wife who had been living separately due to irreconcilable differences. The Supreme Court used its special powers under Article 142 of the Constitution to dissolve their marriage by mutual consent, recorded that the husband paid a full and final permanent alimony of ₹35,00,000 to the wife, and ordered the complete quashing of all 18 civil and criminal cases filed against each other and their family members to put a permanent end to the litigation.
A marriage was solemnized between the petitioner-wife and respondent-husband on December 4, 2016, but due to severe and irreconcilable differences, the couple separated and began living apart. Following their separation, a bitter and extensive wave of litigation ensued, resulting in 18 separate civil and criminal proceedings—including domestic violence complaints, criminal FIRs, maintenance disputes, and transfer petitions—filed mutually between the spouses and their respective family members across various courts in Odisha, Uttar Pradesh, Maharashtra, and Delhi.
During the pendency of transfer petitions before the Supreme Court, the husband filed an application seeking a divorce on the ground of an irretrievable breakdown of the marriage. Although initial mediation attempts failed, the Supreme Court successfully guided the parties toward a mutual settlement. The wife agreed to part ways through a decree of divorce by mutual consent in exchange for an enhanced full and final permanent alimony of ₹35,00,000, which the husband completely paid via initial installments and demand drafts acknowledged during the hearings.