New Delhi: “Marriage is a relationship built on mutual trust, companionship and shared experiences,” the Supreme Court has said as it upheld a Madras High Court decision granting divorce to an estranged software engineer couple.
A bench of justices Vikram Nath and PB Varale said the length of separation and the evident animosity between husband and wife make it clear that there is no possibility of the marriage being revived.
“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,” the bench said.
It added that the court has consistently held that prolonged separation, coupled with inability to reconcile, is a relevant factor in deciding matrimonial disputes.
“In the present case, the length of separation and the evident animosity between the parties make it clear that there is no possibility of the marriage being revived,” it said.
The bench said that both husband and wife have been living separately for two decades now and this fact further reinforces the conclusion that the marriage is no longer viable.
It said that the top court has held that prolonged separation creates a presumption of the marriage “In this case, the parties have not shared a marital life since 2004, and all attempts at reconciliation have failed,” it added.
The top court dismissed the appeal of women who had challenged the June 8, 2018 decision of the Madurai bench of the Madras High Court granting a decree of divorce on the ground of cruelty.
The bench said the 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,” it said.
Justice Nath, who penned the verdict on behalf of the bench said, “In matrimonial disputes, this Court has emphasized the need to prioritize welfare and dignity of both parties. Forcing a marriage to continue when it has become a source of unhappiness and conflict undermines the very purpose of the institution of marriage.”
The bench further said in the present case, the interests of both the parties are best served by allowing both parties to move on with their lives independently.
“In view of the above, this court upholds the judgment of the high Court granting a decree of divorce to the respondent. The appellant’s submissions are rejected as lacking in merit, both on procedural and substantive grounds,” it said.
Marriage is a relationship built on mutual trust, companionship: SC
