The Supreme Court has upheld a decision by the Madras High Court granting a divorce to a couple after a prolonged separation of over two decades.
The court also awarded permanent alimony to the wife and financial support for their daughter, emphasizing the breakdown of the marital bond due to cruelty and irreconcilable differences.
In its ruling, a bench of Justices Vikram Nath and PB Varale stated, “Marriage is a relationship built on mutual trust, companionship, and shared experiences.” It went on to explain that when these core elements are absent for a long period, the marriage becomes a mere formality, devoid of substance. The bench noted that prolonged separation, combined with the inability to reconcile, is a key factor in deciding matrimonial disputes.
The court acknowledged that the couple had been living apart since 2004, with all reconciliation attempts having failed. It highlighted that the length of separation and animosity between the husband and wife made it clear that there was no chance of reviving the marriage. Referring to its previous judgments, the bench emphasized that prolonged separation creates a presumption of an irretrievably broken marriage.
The case began when the wife appealed against a June 8, 2018, decision by the Madurai bench of the Madras High Court, which granted the divorce on grounds of cruelty. The husband’s lawyer provided evidence showing the wife had caused him significant emotional distress by filing false criminal complaints against him and his family, which damaged his reputation and caused mental strain.
Justice Nath, writing for the bench, underscored the importance of ensuring both parties’ welfare and dignity. He stated that forcing an unhappy marriage to continue only undermines the institution of marriage. The bench concluded that the interests of both parties would be best served by allowing them to move on with their lives.
The Supreme Court upheld the High Court’s decision, dismissing the wife’s appeal, which it found lacking in merit. It also granted permanent alimony to the wife and financial support for the couple’s daughter, who is nearing adulthood. Despite the wife not specifically requesting monetary relief, the court deemed it appropriate to grant her a lump sum alimony of Rs 50 lakh, taking into account the couple’s financial background and the burden of prolonged litigation.
The court also directed the husband to pay Rs.50 lakh for the daughter’s education and future expenses, including her marriage. It acknowledged that both parents share responsibility for the child’s well-being and future prospects, and this financial provision would help fulfill that duty. The total sum of Rs 1 crore must be paid by the husband within four months of the ruling.
The couple, married on June 30, 2002, had a daughter born on July 9, 2003. The marital discord began shortly after the child’s birth when the wife refused to return home from her parental house, setting the stage for the lengthy separation.
