---
title: "Supreme Court: Straight Jacket formula cannot be applied for granting the divorce on the ground of Irretrievable Breakdown of Marriage under Article 142 of the Constitution of India"
date: 2023-10-16
author: "Zoheb Khatri"
url: https://www.indialaw.in/blog/civil/sc-no-formula-for-granting-divorce-under-art-142/
---

# Supreme Court: Straight Jacket formula cannot be applied for granting the divorce on the ground of Irretrievable Breakdown of Marriage under Article 142 of the Constitution of India

Posted On - 16 October, 2023 •

By - [Zoheb Khatri](https://www.indialaw.in/author/zoheb-khatri/ "Posts by Zoheb Khatri")

[![Supreme Court building representing ruling on divorce under Article 142](https://www.indialaw.in/wp-content/uploads/SC-No-formula-for-granting-divorce-under-Art.-142.png)](https://www.indialaw.in/wp-content/uploads/SC-No-formula-for-granting-divorce-under-Art.-142.png)

In a recent judgement[[1]](#_ftn1), the Hon’ble Supreme Court of India held that the straight jacket formula cannot be applied to granting the divorce by exercising its discretion under Article 142 for dissolving the Marriage between the parties by accepting the formula of Irretrievable Breakdown of Marriage (**“IrBM”**).

The question before the Hon’ble Court was, *“Should the irretrievable breakdown of marriage necessarily result in the dissolution of marriage in exercise of powers under Article 142 of the Constitution of India, when such is not a ground for divorce under the Hindu Marriage Act 1955?”*

Whilst deciding an Appeal, the Hon’ble Court stated that the Hon’ble Supreme Court can depart from the procedure as well as the substantive laws and exercise its discretion under Article 142 for dissolving the marriage between the parties by balancing out the equities between the conflicting claims of the parties. However, such discretion should be exercised with great care and caution. The Hon’ble Court noted that the discretionary power could be exercised to dissolve the marriage on the ground of IrBM to do *“complete justice”* though one of the spouses opposes the prayer for dissolution of marriage.

The Hon’ble Court was hearing an Appeal filed by the 89 years old Husband against his 82 years old wife. The Hon’ble Court observed that the wife throughout her life has maintained the sacred relationship since 1963 and has taken care of her three children all these years. Despite the fact that the appellant-husband had exhibited total hostility towards them. The wife showed her willingness and readiness to take care of her husband and did not wish to leave him alone at an advanced stage of his life. Further, the wife pleaded that she does not want to die with the stigma of being a *“divorcee”* woman.

The Hon’ble Court further noted that there is an increasing trend of filing divorce proceedings in the courts of law. However, the institution of marriage is still considered to be a pious, spiritual, and invaluable emotional life net between the husband and the wife in Indian society. It is governed not only by the letters of law but by social norms as well. Therefore, it is not desirable to accept the formula of IrBM as a straight-jacket formula for the grant of divorce under Article 142 of the Constitution of India.

The Hon’ble Court whilst dismissing the Appeal ordered that dissolving the marriage between parties on the ground that the marriage has irretrievably broken down under Article 142 would not do *“complete justice”* to the parties, rather it would be doing injustice to the wife.

Earlier,[[2]](#_ftn2) the Hon’ble Supreme Court had discussed the principle of doing *“complete justice”*by invoking the power under Article 142 of the Constitution of India and dissolving the marriage on the ground of irretrievable breakdown of marriage. The detailed article on earlier Judgement can be [read here[3].](https://www.indialaw.in/blog/civil/grant-of-divorce-no-right-but-discretion-supreme-court/)

---

[[1]](#_ftnref1) Dr. Nirmal Singh Panesar vs. Mrs. Paramjit Kaur Panesar @ Ajinder Kaur Panesar, Civil Appeal No.2045 of 2011

[[2]](#_ftnref2) Shilpa Sailesh vs. Varun Sreenivasan (Transfer Petition (civil) No. 1118 of 2014)

[[3]](#_ftnref3) https://www.indialaw.in/blog/civil/grant-of-divorce-no-right-but-discretion-supreme-court/

---

# IndiaLaw LLP — Offices & Contact Details

---

## General Contact

| | |
|---|---|
| **Website** | https://www.indialaw.in |
| **Primary email** | contact@indialaw.in |
| **Primary phone** | +91 836-9995919 |
| **Contact form** | https://www.indialaw.in/connect/ |
| **Careers (separate channel)** | https://www.indialaw.in/careers/ |


---

## All Offices (9 locations across 8 cities)

### 1. Mumbai — Registered Office & Head Office (Apeejay Chambers)

| | |
|---|---|
| **Address** | Apeejay Chambers, Ground Floor, Wallace Street, Fort, Mumbai – 400 001 |
| **Phone** | [022-6924-7400](tel:02269247400) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/mumbai/ |
| **Practice focus** | Litigation · Arbitration · Insolvency & Bankruptcy · Corporate · Banking · Real Estate · IP |
| **Notes** | The HQ. 5 partners based here. Handles PAN-India litigation, arbitration, corporate, banking, IP and real estate practice. Largest team across all offices. |

### 2. Mumbai — Non-Litigation Office (Excelsior, Fort)

| | |
|---|---|
| **Address** | 4th Floor, New Excelsior Theatre Pvt. Ltd., Amrit Keshav Nayak Marg, Fort, Mumbai – 400 001 |
| **Phone** | [022-697-40500](tel:022-697-40500) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/mumbai/ |
| **Practice focus** | Non-litigation only — consultations, negotiations, transactional work |
| **Notes** | Opened 2024. Litigation and arbitration remain at the Apeejay Chambers head office. |

### 3. Delhi

| | |
|---|---|
| **Address** | Flat No. 1107 & 1108, Prakashdeep Building, Tolstoy Marg, Connaught Place, New Delhi – 110 001 |
| **Phone** | (general line: +91 836-9995919) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/delhi/ |
| **Practice focus** | Litigation · Arbitration · Insolvency & Bankruptcy · Corporate · Banking · Real Estate |
| **Notes** | 3 partners based here. Located near the Supreme Court of India, Delhi High Court and other appellate bodies. |

### 4. Kolkata

| | |
|---|---|
| **Address** | Centre Point Building, Room No. 214, 2nd Floor, Premises No. 21, Hemanta Basu Sarani, Opp. Great Eastern Hotel, P.S. Hare Street, Kolkata – 700 001, West Bengal |
| **Phone** | [+91 33 4813 1001](tel:+913348131001) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/kolkata/ |
| **Practice focus** | Insolvency & Bankruptcy · Commercial & Civil Litigation · Arbitration · Banking Litigation · Real Estate · Labour & Employment · Consumer |
| **Notes** | Advises banks, NBFCs, MSMEs and corporates on transactions and dispute resolution. Works in close coordination with the Mumbai HO. |

### 5. Chennai

| | |
|---|---|
| **Address** | GF-A, 19 Casa Major Road, Egmore, Chennai – 600 008 |
| **Phone** | (general line: +91 836-9995919) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/chennai/ |
| **Practice focus** | Litigation · Insolvency & Bankruptcy · Real Estate |
| **Notes** | Full-fledged office with experienced legal team. Supported by Mumbai HO. |

### 6. Bengaluru (Bangalore)

| | |
|---|---|
| **Address** | INDIALAW LLP, No. 7 Chinnaswamy Mudaliar Road, Shivaji Nagar, Bangalore – 560 051 |
| **Phone** | [080-4167-2444](tel:08041672444) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/bengaluru/ |
| **Practice focus** | Litigation · Insolvency & Bankruptcy · Real Estate · Family Laws · Labour |
| **Notes** | Located near Bangalore High Court. Handles corporate, commercial, banking and matrimonial disputes. |

### 7. Hyderabad

| | |
|---|---|
| **Address** | 403, 4th Floor, Sanatana Ecstasy Building, beside Tanishq Show Room, Himayathnagar, Hyderabad – 500 029, Telangana |
| **Phone** | [040-6666-5166](tel:04066665166) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/hyderabad/ |
| **Practice focus** | Litigation · Banking · Insolvency & Bankruptcy · Real Estate |
| **Notes** | Particularly well known for complex banking matters and real estate transactions. |

### 8. Cochin (Kochi)

| | |
|---|---|
| **Address** | Second Floor, Pulikkal Building, K.K. Padmanabhan Road, Ernakulam North – 682 018, Kerala |
| **Phone** | [0484-3583961](tel:04843583961) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/cochin/ |
| **Practice focus** | Litigation · Insolvency & Bankruptcy · Real Estate |
| **Notes** | Commercial disputes, property litigation, financial-claim arbitrations and real estate transactions. |

### 9. Noida (NCR)

| | |
|---|---|
| **Address** | No. 16 & 17, Silver Offices, 17th Floor, Wave One, Sector 18, Noida – 201 301 |
| **Phone** | (general line: +91 836-9995919) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/noida/ |
| **Practice focus** | Aviation · Insurance · Mergers & Acquisitions · Corporate |
| **Office head** | **Mr. Dinesh Gupta** (joined August 2025 to lead and expand the corporate practice) |
| **Notes** | Newest office. Sector-focused on highly regulated industries serving NCR-based clients. |

---

## Quick-Dial Phone List

| Office | Phone |
|---|---|
| Mumbai HO (Apeejay) | 022-6924-7400 |
| Mumbai Excelsior | 022-697-40500 |
| Kolkata | +91 33 4813 1001 |
| Bengaluru | 080-4167-2444 |
| Hyderabad | 040-6666-5166 |
| Cochin | 0484-3583961 |
| **General / Marketing line** | **+91 836-9995919** |

Delhi, Chennai and Noida route through the general number.

---

## Social Channels

- LinkedIn: https://www.linkedin.com/company/indialaw
- X / Twitter: https://twitter.com/Indialawmumbai
- Facebook: https://www.facebook.com/indialawllp/
- Instagram: https://www.instagram.com/indialawllp

---