Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court

The Supreme Court has observed that prolonged separation, coupled with inability to reconcline, can be a relevant factor to decide matrimonial disputes, when marriage has become a mere legal formality dovid of mutual trust and companionship.

"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. This Court has consistently held that prolonged separation, coupled with inability to reconcile, is a relevant factor in deciding matrimonial disputes," observed a bench comprising Justice Vikram Nath and Justice Prasanna B Varale.

The Court made these remarks while dismissing an appeal filed by a woman challenging a High Court's judgment granting a decree of divorce on the ground of mental cruelty.

"The respondent has provided sufficient evidence to show that the appellant was engaged in a pattern of behavior 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," the Court observed.

The fact that the parties have been living separately for two decades now further reinforces the conclusion that the marriage is no longer viable. Although irretrievable breakdown of marriage is not a statutory ground for divorce under the Hindu Marriage Act, the Court said that in appropriate cases, invoked its powers under Article 142 of the Constitution of India can be invoked to grant relief where the marriage is beyond repair.

The evidence in the present case points unequivocally to an irretrievable breakdown of the marriage, the Court noted, given the legal disputes between the parties and their prolonged separation.

"Prolonging a dead marriage serves no interest and only perpetuates the agony of the parties involved", the Court observed quoting from Ashok Hurra vs. Rupa Bipin Zaveri and Shilpa Sailesh vs. Varun Sreenivasan.

"Forcing a marriage to continue when it has become a source of unhappiness and conflict undermines the very purpose of the institution of marriage. In the present case, the interests of both the parties are best served by allowing both parties to move on with their lives independently," the Court observed.

Case : Amutha v. AR Subramanian

Citation : 2024 LiveLaw (SC) 1030

Click here to read the judgment

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