Supreme Court: Forcing a dead marriage continues mental distress, ending prolonged suffering is needed.
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The Supreme Court of India has recently reiterated the importance of dissolving "dead marriages" to prevent prolonged mental agony for the involved parties. In a landmark decision, a bench of Justices Nath and Mehta invoked Article 142 to grant a divorce to a couple that had been embroiled in a matrimonial dispute for 16 years. The Court emphasized that compelling couples to remain in marriages that have irretrievably broken down only serves to perpetuate mental anguish and societal burden.

The ruling highlights a growing recognition within the Indian judiciary of the concept of "irretrievable breakdown of marriage" as a valid ground for divorce, even when it is not explicitly codified in law. The Court has consistently held that prolonged separation, coupled with an inability to reconcile, is a significant factor in deciding matrimonial disputes. When a marriage has broken down to the point where there is no possibility of revival, forcing the parties to remain together serves no purpose and only prolongs their misery.

The decision in this particular case was based on the fact that the couple had been living separately since October 2009. The Court noted that the welfare and dignity of both spouses must be prioritized, and that compelling a dead marriage to continue only perpetuates mental agony. The bench also observed that the decision to grant the divorce was in the "best interest" of the parties and their minor child, allowing them to lead independent and peaceful lives free from the shadow of prolonged and futile legal battles.

The Supreme Court has acknowledged that the institution of marriage is rooted in dignity, mutual respect, and shared companionship. When these foundational aspects are irreparably lost, forcing a couple to remain legally bound serves no beneficial purpose. The court has previously stated that when spouses have been living separately for extended periods with no intention or possibility of reconciliation, the marriage can be deemed emotionally dead and beyond salvage, warranting divorce. Such long separation, coupled with mutual indifference and absence of emotional connection, supports the conclusion that the marriage has broken down irretrievably.

Furthermore, courts have held that filing false criminal complaints and leveling unsubstantiated allegations against a spouse amounts to mental cruelty, eroding trust and affection and irreparably damaging the marital bond. The Supreme Court has recognized that marriage can be dissolved on the ground of irretrievable breakdown, especially when the relationship is beyond repair and the marriage has become unworkable or emotionally dead.

This ruling aligns with previous Supreme Court judgments that have recognized the importance of dissolving marriages that have become "empty shells". The Court has consistently emphasized that prolonging a dead marriage serves no interest and only perpetuates the agony of the parties involved. The continued insistence on reconciliation in such cases often appears to be a strategy to prolong the proceedings rather than a genuine effort to revive the relationship. In matrimonial disputes, the need to prioritize the welfare and dignity of both parties is paramount.


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With an enthusiastic and observant eye, Kavya is passionate about the intersection of arts, culture, social trends, and sports. She's keen on exploring her city's evolving cultural landscape, covering local artistic expressions, music scenes, and community events, while also following the latest in the sports world. Kavya is developing her writing style to capture the vibrancy and nuances of the cultural sphere, aiming to connect artists with a wider audience and analyze the societal reflections within their work.
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