Did the Supreme Court Just Dissolve a 25-Year-Old Marriage?
Synopsis
Key Takeaways
- The Supreme Court declared a 25-year marriage dissolved.
- The court emphasized the absence of reconciliation possibilities.
- Prolonged separation was deemed a form of cruelty.
- The ruling sets a precedent for future divorce cases.
- Recognizing the reality of a dead marriage is crucial.
New Delhi, Dec 16 (NationPress) The Supreme Court has officially dissolved a marriage that lasted 25 years, declaring that it had "ceased to exist in reality" and emphasizing the absence of any chance for reconciliation.
In a ruling favoring the husband's petition, a bench led by Justice Manmohan and Justice Joymalya Bagchi exercised its extraordinary authority to ensure "complete justice between the parties" and granted the divorce based on the grounds of irretrievable breakdown.
This Bench, presided over by Justice Manmohan, overturned a 2011 decision from the Gauhati High Court that had nullified a divorce decree issued by a trial court in Shillong.
The Court remarked, "The parties have lived separately for an excessively long duration, and the marriage has lost all sanctity". It also noted that reconciliation is not achievable, as the couple has been apart since November 2001 and has no children from their union.
Initially solemnized in August 2000, the marriage faced litigation as early as 2003, extending over 22 years, as the judgment highlighted. Despite mediation attempts ordered by the Supreme Court in 2012, no agreement was reached.
The bench articulated that prolonged separation without any hope of reunion constitutes cruelty.
Referencing previous rulings, the apex court stated that a marriage where the parties have been separated for decades becomes "only on paper".
It added, "An unworkable marriage, which has ceased to be effective, is futile and bound to be a source of great misery to the parties", explaining that not dissolving such a legal tie may lead to mental cruelty.
Rejecting the Gauhati High Court's stance that the wife had not abandoned the husband, the Supreme Court clarified that the case did not revolve around assigning fault but recognizing the reality of a dead marriage.
According to the Justice Manmohan-led Bench, "No spouse can be compelled to resume life with a consort, and nothing is gained by keeping the parties tied forever to a marriage that has, in reality, ceased to exist".
The Supreme Court upheld the 2010 divorce decree issued by the Additional Deputy Commissioner (Judicial) in Shillong, nullifying the Gauhati High Court's ruling and officially terminating the marriage.
In conclusion, "The order of the Additional Deputy Commissioner (Judicial) Shillong, granting a decree of divorce to the parties, is upheld, and the High Court's impugned order is set aside. Thus, the appeal stands allowed," stated the apex court.