Prolonged separation, inability to reconcile relevant factors in deciding matrimonial disputes: SC

Noting that prolonged separation, coupled with inability to reconcile, is a relevant factor in deciding matrimonial disputes, the Supreme Court has granted divorce to a man whose wife refused to join him at their matrimonial home for 15 years and instead lived with her parents for 15 years.

“Forcing a marriage to continue when it has become a source of unhappiness and conflict undermines the very purpose of the institution of marriage,” a Bench of Justice Vikram Nath and Justice Punjab Varale said, dissolving the marriage on grounds mental cruelty and irretrievable breakdown of marriage.

The Bench awarded Rs 50 lakh each to the wife and the couple’s daughter towards alimony; and education and marriage expenses, etc., respectively.

The couple had got married on June 30, 2002, and a daughter was born out of wedlock on July 9, 2003. Initially they lived in Chandigarh and thereafter moved to Bengaluru. The discord arose just after the birth of a daughter, when the wife refused to return from her parental home, where she had gone for the delivery of the child.

“The respondent (husband) has provided sufficient evidence to show that the appellant (wife) was engaged in a pattern of behaviour that caused him immense mental and emotional distress. This included filing false and baseless criminal complaints against the respondent and his family, which not only strained their relationship but also caused significant damage to his reputation and peace of mind,” the top court said, dismissing the wife petition challenging a verdict of the Madras High court which had granted divorce to the man.

Writing the judgment for the Bench, Justice Nath said, “Marriage is a relationship built on mutual trust, companionship, and shared experiences. When these essential elements are missing for an extended period, the marital bond becomes a mere legal formality devoid of any substance. This court has consistently held that prolonged separation, coupled with inability to reconcile, is a relevant factor in deciding matrimonial disputes.”

“The evidence in the present case points unequivocally to an irretrievable breakdown of the marriage. The appellant and the respondent have been embroiled in legal disputes for years, with no signs of reconciliation. The respondent has expressed his desire to move on with his life, while the appellant, despite her assertions to the contrary, has failed to demonstrate any genuine willingness to repair the relationship,” it noted.

Although irretrievable breakdown of marriage is not a statutory ground for divorce under the Hindu Marriage Act, this Court has, in appropriate cases, invoked its powers under Article 142 of the Constitution to grant relief where the marriage is beyond repair, it said.