Long Period of Separation Between Husband and Wife Amounts to Cruelty to Both: Supreme Court

Introduction

In a significant ruling on matrimonial jurisprudence, the Supreme Court of India has held that a long period of separation between a husband and wife, with no possibility of reconciliation, amounts to cruelty to both parties. The Court observed that prolonged matrimonial litigation results in the perpetuation of a marriage only on paper, serving neither the interests of the parties nor that of society.

Invoking its plenary powers under Article 142 of the Constitution, the Supreme Court dissolved the marriage on the ground of irretrievable breakdown, reiterating that mental cruelty can arise from sustained separation and rigid refusal to accommodate each other.

Bench and Background of the Case

Composition of the Bench

The judgment was delivered by a Division Bench comprising Justice Manmohan and Justice Joymalya Bagchi, with Justice Manmohan authoring the opinion for the Court.

Marriage and Separation Timeline

  • The parties were married on August 4, 2000

  • Matrimonial disputes arose within two years of marriage

  • Litigation between the spouses commenced in 2003

  • The parties have been living separately for nearly 24 years

  • Despite repeated judicial attempts, no reconciliation was possible

The couple hailed from Shillong, and the dispute had traversed multiple judicial forums before reaching the Supreme Court.

Orders of the Lower Courts

Order of the Additional Deputy Commissioner, Shillong

The Additional Deputy Commissioner, Shillong, had earlier passed an order dissolving the marriage, recognising the prolonged separation and irretrievable nature of the matrimonial breakdown.

High Court’s Intervention

The High Court reversed the dissolution, restoring the marriage on the wife’s plea, holding that:

  • There was no intent on her part to permanently forsake or abandon the husband

  • The threshold for dissolution was not met

Supreme Court’s Findings

Long Separation as Mental Cruelty

The Supreme Court categorically held that:

  • A long period of separation without any hope of reconciliation amounts to mental cruelty to both spouses

  • Cruelty in matrimonial law is not limited to physical acts, but includes sustained emotional and psychological suffering

  • Forcing parties to remain bound in a dead marriage causes continued mental agony

The Court noted that in several previous cases, it has consistently recognised prolonged separation as a form of cruelty.

Marriage as a Legal Fiction

The Court observed that:

  • Long-pending matrimonial litigation results in a marriage existing only as a legal fiction

  • Continuation of such a marriage does not preserve its sanctity

  • On the contrary, it may intensify mental cruelty

Referring to an earlier 2007 Supreme Court verdict, the Bench reiterated that refusal to sever an irretrievably broken marriage does not uphold the institution of marriage.

Irretrievable Breakdown of Marriage

Not a Statutory Ground, Yet Recognised Judicially

The Court acknowledged that irretrievable breakdown of marriage is not a statutory ground under the Hindu Marriage Act, 1955, but clarified that:

  • The Supreme Court can dissolve marriages on this ground

  • Such power flows from Article 142 of the Constitution, enabling the Court to do “complete justice”

The Court found the present case to be a classic example of irretrievable breakdown, given:

  • 24 years of separation

  • Deep-rooted differences in outlook towards matrimonial life

  • Absolute refusal by both spouses to accommodate each other

Article 142: Constitutional Power to Do Complete Justice

Scope of Article 142

Article 142 of the Constitution empowers the Supreme Court to pass any decree or order necessary for doing complete justice in a cause or matter pending before it.

The Court held that:

  • Keeping the litigation alive would serve no useful purpose

  • Dissolution of marriage would not adversely affect any third party

  • There were no children from the wedlock, eliminating concerns of dependent interests

Accordingly, the Court exercised its constitutional discretion to dissolve the marriage.

Approach of Courts in Matrimonial Matters

Justice Manmohan clarified an important principle:

  • Courts should ordinarily attempt to preserve the sanctity of marriage

  • Dissolution should not be granted at the mere asking of one party

However, in the present case:

  • The marriage had lost all substance

  • Reconciliation was not within the realm of possibility

  • Continuation of marital ties would cause further cruelty

Strongly Held Views and Refusal to Accommodate

The Court made a nuanced observation on marital discord:

  • It is not for courts or society to judge whose approach to marriage is correct

  • Where both spouses hold strongly divergent views and refuse to adjust, such conduct itself amounts to cruelty

  • Matrimonial cruelty can arise from incompatibility and emotional deadlock, not just overt misconduct

Relevant Statutory Provisions

Hindu Marriage Act, 1955

  • Section 13(1)(ia) – Divorce on the ground of cruelty

  • Irretrievable breakdown is not expressly provided, but cruelty has been judicially interpreted to include prolonged separation

Constitution of India

  • Article 142 – Power of the Supreme Court to pass orders for complete justice

Key Judicial Precedents Referred and Relied Upon

  • Naveen Kohli v. Neelu Kohli (2006) – Long separation and bitter litigation amount to mental cruelty

  • Samar Ghosh v. Jaya Ghosh (2007) – Laid down illustrative parameters of mental cruelty

  • Satish Sitole v. Ganga (2008) – Marriage reduced to a legal fiction should be dissolved

  • Shilpa Sailesh v. Varun Sreenivasan (2023) – Supreme Court can dissolve marriage under Article 142 for irretrievable breakdown

Conclusion

The Supreme Court’s ruling reinforces the evolving understanding of cruelty in matrimonial law, recognising emotional exhaustion, prolonged separation, and incompatibility as legitimate grounds for dissolution. By invoking Article 142, the Court has once again prioritised substantive justice over procedural rigidity, acknowledging that forcing individuals to remain in a dead marriage serves neither personal dignity nor societal interest.

This judgment strengthens the principle that marriage is a partnership of mutual respect and coexistence, not a lifelong legal compulsion devoid of emotional substance.

Location: Pune, Maharashtra, India

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