The Supreme Court has held that courts should not keep matrimonial disputes pending indefinitely, especially where the marriage has effectively ceased to exist and the parties have lived separately for a long period. In such cases — where there is no hope of reconciliation — the Court said it is preferable to dissolve the marriage instead of perpetuating a union that exists only on paper.
Background of the Case
The dispute involved a couple who were married in 2000 and separated within about a year. The parties lived apart for nearly 24 years, with no children from the marriage. The husband first filed for divorce in 2003, but that petition was dismissed as premature. A subsequent trial-court decree of divorce was set aside by the Gauhati High Court in 2011. The husband then appealed to the Supreme Court.
Court’s Reasoning
A Bench of Justices Manmohan and Joymalya Bagchi noted that despite repeated attempts, the spouses never reconciled. Their fundamentally different approaches to married life and prolonged refusal to accommodate each other amounted to cruelty to both parties, and the marriage had irretrievably broken down. Prolonged litigation had resulted only in a legal formality — a “marriage on paper” — and served no useful purpose.
Live Law
The Court also reiterated that where a marriage has survived only in form due to lengthy legal battles, courts should exercise their power — including under Article 142 of the Constitution — to grant relief to the parties by ending the marriage rather than keeping them tied indefinitely.
Outcome
The Supreme Court allowed the husband’s appeal and restored the original divorce decree, setting aside the Gauhati High Court’s order that had reinstated the marriage.
Significance
This judgment emphasises that marital litigation should not be prolonged merely for procedural reasons when the factual reality shows that the marriage has ended in substance. Courts must prioritise the well-being of individuals and societal interest by granting relief in cases of long separation without reconciliation.
