The Supreme Court has dissolved a marriage by mutual consent using its extraordinary powers under Article 142 of the Constitution, bringing an end to a dispute that had reached the Court after the wife challenged proceedings related to a pending divorce case before the Family Court in Ghaziabad.
Background of the Case
According to the record, the couple married on January 8, 2024, under Hindu rites and customs. Differences arose soon after, and they had been living separately since June 2024. In 2026, both parties jointly approached the Family Court seeking divorce by mutual consent and also requested waiver of the statutory cooling-off period.
The wife later approached the Supreme Court after the Allahabad High Court declined to grant certain directions regarding the expeditious disposal of the divorce proceedings and exemption from the second motion requirement.
During the hearing, the Court interacted with both parties, with the wife appearing through video conferencing from abroad and the husband appearing in person. The Bench noted that the parties had settled their disputes and there was no possibility of reconciliation.
The Court observed that,
“There remains no possibility of reconciliation or resumption of cohabitation. Continuation of the matrimonial relationship would serve no useful purpose and would only prolong the agony of the parties.”
The Bench further found the case suitable for exercising its powers under Article 142 of the Constitution to do complete justice between the parties.
Allowing the joint application filed by the husband and wife, the Supreme Court dissolved their marriage by a decree of divorce through mutual consent under Article 142 of the Constitution.
The Court also directed that the pending divorce petition before the Principal Judge, Family Court, Ghaziabad, along with all pending applications, would stand disposed of.
Case Details
Case Title: Smt. Shagun Rana v. Shivam Tanwar
Case Number: Special Leave Petition (C) No. 17507 of 2026
Judges: Justice J.K. Maheshwari and Justice Atul S. Chandurkar
Decision Date: May 27, 2026
