New Delhi [India], December 24 (ANI): The Supreme Court observed that prolonged separation and the evident animosity between a husband and wife are sufficient grounds for the dissolution of marriage.
The Court stated that prolonging a dead marriage serves no purpose and only perpetuates the agony of those involved.
“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 substance,” said a bench of Justices Vikram Nath and P.B. Varale.
It upheld a Madras High Court decision granting a divorce to an estranged software engineer couple. The bench noted that the couple had been living separately for two decades, further reinforcing the conclusion that the marriage is no longer viable.
“Prolonged separation, as observed in K. Srinivas Rao vs. D.A. Deepa, creates a presumption of the marriage having irretrievably broken down. In this case, the parties have not shared a marital life since 2004, and all attempts at reconciliation have failed,” the apex court stated.
It added that the Supreme Court has consistently held that prolonged separation, coupled with an 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 further remarked.
The Court also noted that 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 top court also stated that the financial independence of a party does not preclude the High Court from granting maintenance if it is necessary to secure dignity, social standing, and financial stability post-divorce, especially in cases where the marriage has lasted for a long period.
It explained that alimony encompasses a right to sustenance, allowing the spouse to live in a manner suited to her status and standard of living, with the aim of not penalising the husband.
“It is undisputed that both the appellant and the respondent are software engineers and were earning handsomely at the time of their marriage more than two decades ago. It is reasonable to infer that their respective incomes must have increased substantially over the years. However, considering the dynamics of their separation and the financial burdens the appellant may have borne during the protracted litigation, this Court finds it necessary to award her a lump sum permanent alimony of Rs. 50 lakh to secure her financial independence and ensure she can lead her life with dignity,” the judgment stated. (ANI)
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