Couple Living Apart For 25 Years Seek Divorce. What Supreme Court Said

The Supreme Court has dissolved the marriage of a couple who have been staying separately for 25 years, saying recognising them as married would be "sanctioning cruelty". The couple only lived together for four years.

A bench of Justices Sudhanshu Dhulia and JB Pardiwala said the "complete severance of all meaningful ties and existing bitterness between the two" should be read as "cruelty" under the Hindu Marriage Act.

"We have before us a married couple who have been together as a couple for hardly four years and have been living separately for the last 25 years. They don't have children and their marital bond is completely broke, beyond repair," the Supreme Court said.

"We have no doubt that this relationship must end because its continuation would be to sanction cruelty. Prolonged separation, absence of cohabitation, complete severance of all meaningful ties and existing bitterness between the two should be read as cruelty under the Hindu Marriage Act," the Supreme Court said.

It said the ending of their marriage will affect only them since they have no children.

The man makes more than Rs 1 lakh a month and he has to pay Rs 30 lakh to the woman within four weeks, the Supreme Court said.

The couple got married in Delhi in 1994. He alleged she had an abortion the same year without telling him. He alleged she did not like their house as it was small.

Four years into the marriage, the woman left and filed a case of dowry harassment against him. The man and his brother were arrested and later released on bail. He filed for divorce after that.

The trial court allowed the divorce petition on the grounds of cruelty and long separation. But the Delhi High Court rejected the divorce request, after which the man challenged the high court's decision in the Supreme Court.

from NDTV News- Special https://ift.tt/KeUlYMT