Both husband and wife have been living separately for two decades now. (Representational)
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 having irretrievably broken down.
“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.
The bench reiterated that cruelty, long separation, and irretrievable breakdown of marriage, as established in this case, and thus, provide sufficient justification for dissolving the marriage.
It said that while granting the decree of divorce, the court deemed it appropriate to award permanent alimony to the appellant wife and the parties’ daughter.
“Although the appellant wife has not specifically claimed any monetary relief or maintenance during these proceedings, it is trite and equitable to grant such relief, considering the financial status of the parties, their professional backgrounds, and the larger interest of justice,” the bench added.
The bench noted that both husband and wife 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 lumpsum permanent alimony of Rs 50 lakh to secure her financial independence and ensure that she can lead her life with dignity,” it said.
The bench said further, this court recognizes the responsibility of both parents toward the well-being, education, and future prospects of their child.
“Although the daughter may be of an age where she is approaching independence, the financial support provided through this judgment will be instrumental in meeting her educational needs as well as expenses related to her future marriage. A sum of Rs. 50 lakh is, therefore, awarded to the daughter for these purposes. This is in line with the principles of safeguarding the interests of children suffering under distress of such prolonged matrimonial disputes between the parents,” it said.
Both parents share the duty of ensuring the daughter’s well-being and future security, and this financial provision will contribute to fulfilling that duty, it said.
“For the reasons stated above, this court directs the respondent husband to pay a sum of Rs. 50 lakh to the appellant (wife) as permanent alimony and an additional Rs. 50 lakh to their daughter for her education and future expenses, such as her marriage. These payments shall be made within four months from the date of this judgment,” it ruled.
The parties had entered into the marriage on June 30, 2002 and a daughter was born out of the wedlock on July 9, 2003. The discord between the parties arose just after the birth of the child, when the wife refused to return from her parental home, where she had gone for the delivery of the child.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
