Better for parties to separate, when marriage survives only on paper due to prolonged litigation: SC

NEW DELHI: Observing that courts should not compel estranged couples to continue marriages that survive only on paper, the Supreme Court on Monday dissolved the marriage of a husband and wife who had been living separately for the past 24 years.Allowing the husband’s plea, a two-judge Bench headed by Justice Manmohan and Justice Joymalya Bagchi restored the divorce decree passed by the trial court and formally dissolved the marriage, noting that the relationship had irretrievably broken down.“Long period of separation without any hope for reconciliation amounts to cruelty to both parties. The pendency of matrimonial litigation for a long duration only leads to perpetuity of marriage on paper. It is in the best interest of parties and the society if ties are severed between parties in cases where litigation has been pending for a considerably long period of time,” the Bench said.The apex court held that no useful purpose would be served by keeping matrimonial disputes pending without granting relief to the parties. Exercising its powers under Article 142 of the Constitution, the court upheld the order of the Additional Deputy Commissioner (Judicial), Shillong, granting a decree of divorce. “Consequently, this Court is of the view that marriage between the parties has irretrievably broken down and, therefore, in exercise of its power under Article 142 of the Constitution of India dissolves the marriage between the parties. Accordingly, the order of the Additional Deputy Commissioner (Judicial) Shillong, insofar as, it grants a decree of divorce to the parties is upheld,” the court said.While reiterating that courts should generally be reluctant to dissolve marriages at the mere asking of one party and should strive to preserve their sanctity, the Bench noted that in the present case the parties had lived apart for far too long and that there was no sanctity left in the marriage. “Also, rapprochement is not in the realm of possibility. Grant of divorce in the present proceedings would not have a devastating effect on any third party, as there are no children from the wedlock,” it said.Emphasising the larger public interest, the court said it was in the best interest of both the parties and society to sever ties in cases where matrimonial litigation had remained pending for a considerable period. “Consequently, this Court thinks that no useful purpose shall be served by keeping the matrimonial litigation pending in Court,” the apex court added.



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