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

The Supreme Court said the "complete severance of all meaningful ties and existing bitterness between the two" should be read as "cruelty" under the Hindu Marriage Act

New Delhi: The Supreme Court has dissolved the marriage of a couple who have been staying separately for 25 years, saying recognizing them as married would be “sanctioning cruelty”. The couple only lived together for four years.
A seat of Judges Sudhanshu Dhulia and JB Pardiwala said the “complete severance of every single significant tie and existing harshness between the two” ought to be perused as “mercilessness” under the Hindu Marriage Act.

“We have before us a wedded couple who have been all together for scarcely four years and have been living independently throughout the previous 25 years. They don’t have kids and their conjugal bond is totally broken, hopeless,” the High 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 High Court said.

It said the completion of their marriage will influence just them since they have no youngsters.

The man makes more than ₹ 1 lakh a month and he needs to pay ₹ 30 lakh to the lady in the span of about a month, the High Court said.

The couple got hitched in Delhi in 1994. He claimed she had a fetus removed that very year without telling him. He affirmed she could have done without their home as it was little.

Four years into the marriage, the lady left and recorded an instance of endowment provocation against him. The man and his sibling were captured and later delivered on bail. He petitioned for legal separation after that.

The trial court permitted the separation request on the grounds of remorselessness and long partition. However, the Delhi High Court dismissed the separation demand, after which the man tested the high court’s choice in the High Court.