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New Delhi, Jul 8 (PTI) The Supreme Court today asked Smriti Shinde, daughter of union minister Sushil Kumar Shinde, and her husband, who are involved in a divorce proceedings, to explore the possibility of reaching at amicable settlement. The apex court asked the couple who are living separately for over five years to appear before it on August 9 and suggested that they should also consider the option of reconciliation. The court was hearing the petition filed by Shinde''s daughter seeking divorce without the consent of her husband, citing "irretrievable breakdown" of marriage. "Make an attempt for amicable settlement," a bench comprising Justices G S Singhvi and A K Ganguly said while wanting to know "if there is any possibility or chance of reconciliation". Senior advocate Chander Uday Singh, appearing for Shinde''s estranged son-in-law Sanjay Pahadia, submitted that the couple have been speaking to each other but he was not certain whether there has been any positive development. Smriti''s counsel and senior advocate Mukul Rohatgi said it was the case of "irretrievable breakdown" of marriage where the wife has been living separately for last five years and the husband has been resisting divorce after consenting for it in the beginning. "This is a case where they (couple) are living separately for five years. She is seeking divorce but can''t get. How will she live," he submitted before the bench and informed it about the divorce proceedings before the family court. He said Pahadia has refused to give his nod for subsequent proceedings of divorce after jointly filing the consensual divorce petition. The court was informed that the couple''s two son, aged 13 and 15 years, were staying with Smriti in the capital but they have been shifted recently to Mumbai for educational purpose. Smriti, in her petition, has challenged provisions of the Hindu Marriage Act which requires subsistence of mutual consent throughout the divorce proceedings. "The law cannot compel a woman, who is emotionally and mentally unable to cope with a marriage, to remain bound in a wedlock to her spouse even when it is established that the marriage is dead," she said in her plea. "The compulsion upon wife to obtain the consent of the husband to maintain and prosecute a petition of divorce by mutual consent is violative of the principles of gender justice and thereby of the Article 14 and 21 of the Constitution," the petition said. .
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