On Monday, the Supreme Court decided to grant divorce to a couple who were living separately for a long time. The court said that their prolonged separation with no possibility of reconciliation amounts to cruelty to both the parties. A bench of Justices Manmohan and Joymalya Bagchi noted that the couple, who got married on August 4, 2000, had filed a divorce case in 2003 and were living separately for the last 24 years.
‘No possibility of reconciliation’
The bench also observed that despite several efforts by the court, a settlement could not be reached between the two parties. The Court said that in such cases, where the parties have been separated for a long time, it is assumed that there is no possibility of reconciliation, which amounts to cruelty to both. The Supreme Court said, “Prolonged matrimonial disputes become a mere formality. In such cases, where the matter has been going on for a considerable period of time, it is in the interest of the society and the parties that the relationship be brought to an end.”
The bench, using its powers under Article 142 of the Constitution, ordered the dissolution of the marriage of the Shillong couple.
It upheld the order of the Additional Deputy Commissioner (Judicial), Shillong, and set aside the High Court order which had restored the marriage on the basis of the wife’s plea that she had no intention of leaving her husband permanently. The bench said that the husband and wife showed frankness in their approach towards each other and refused to seek reconciliation. The bench said, ‘Their behavior towards each other amounts to cruelty.’
“Therefore, their behavior towards each other amounts to cruelty. This Court is of the opinion that in matrimonial matters, it is not the job of the society or the court to decide whose view is right or wrong. Not being in harmony with each other amounts to cruelty towards each other.”
