Types of Petitions
How You Can Approach the Supreme Court
in a Matrimonial Matter
The Supreme Court provides several distinct remedies in
matrimonial and family law disputes. Understanding which
remedy applies to your situation is the first and most
critical step.
Special Leave Petition — Article 136
Under Article 136 of the Constitution, any aggrieved
party may petition the Supreme Court for leave to appeal
against any judgment or order of a High Court or tribunal.
In matrimonial matters, SLPs are filed to challenge
High Court decisions on divorce, maintenance, custody,
or property — when there is a substantial question of
law or grave injustice.
Transfer Petition — Section 25 CPC
A Transfer Petition under Section 25 of the Code of
Civil Procedure allows either party to apply to the
Supreme Court to transfer a matrimonial case from one
state's court to another. The Court weighs convenience,
financial hardship, and the interests of justice.
Article 142 — Irretrievable Breakdown
The Supreme Court can exercise its extraordinary powers
under Article 142 to dissolve a marriage on the ground
of irretrievable breakdown. Following
Shilpa Sailesh v. Varun Sreenivasan (2023),
the Court may also waive the Section 13B cooling-off
period when the marriage has completely collapsed.
Article 32 — Constitutional Petition
Article 32 allows any person to directly approach the
Supreme Court when fundamental rights have been violated.
In family law, this can arise in matters involving
illegal detention of a child, denial of the right to
be heard in custody matters, or state action affecting
dignity and equality.
Habeas Corpus — Child Custody
When a child is unlawfully withheld by one parent —
including in international cases — a writ of Habeas
Corpus can be filed at the Supreme Court or High Court
for production and return of the child. These matters
are treated with urgency.
Contempt & Enforcement
When a party disobeys a Supreme Court or High Court order —
refusing to pay maintenance, violating custody arrangements,
or breaching a property order — contempt proceedings
and enforcement applications can be initiated.