The Supreme Court of India has granted a divorce to a woman who had been living separately from her husband since 2003, observing that forcing a relationship through judicial intervention is impossible. A bench of justices held that the marriage had broken down irretrievably for all practical purposes, making it untenable to continue the marital bond.
Case Background
The couple got married in 1999 but started living apart from 2003 due to irreconcilable differences. The wife filed for divorce, which was initially contested by the husband. Over the years, multiple attempts at reconciliation failed, and the couple had no children. The wife argued that the long separation had made the marriage a mere legal formality, with no emotional or physical connection.
Court's Observations
The Supreme Court noted that the marriage had irretrievably broken down, as the couple had been living separately for over two decades. The bench emphasized that courts cannot force two individuals to live together when there is no willingness to do so. The judgment stated, "Forcing a relationship through courts is impossible. The marriage has become a deadwood, and it is in the interest of both parties to grant divorce."
Legal Precedents
The court relied on its earlier rulings where it had exercised its extraordinary powers under Article 142 of the Constitution to grant divorce in cases of irretrievable breakdown, even if the grounds under the Hindu Marriage Act were not fully satisfied. The bench clarified that while irretrievable breakdown is not a statutory ground for divorce, the apex court can use its plenary powers to do complete justice.
Implications
The decision is significant as it underscores the judiciary's willingness to recognize long-term separation as a valid reason for divorce. Legal experts believe this judgment will encourage more couples in similar situations to seek dissolution of marriage without prolonged litigation. The court also directed the husband to pay a one-time maintenance amount of Rs 10 lakh to the wife as a settlement.
The wife's lawyer welcomed the verdict, stating that it provides relief to countless individuals trapped in dead marriages. The husband's counsel expressed disappointment but accepted the court's order. The case sets a precedent for future matrimonial disputes involving prolonged separation.
