Even if the marital relationship gets so bad that they cannot repaired, it cannot the basis of divorce. However, under the Hindu Marriage Act and the Special Marriage Act. However, the Supreme Court has ordered the abolition of marriage in such a situation.
The court said in one of its orders that a divorce can be granted if the marriage is completely incurable, emotionally dead and beyond defense.
Giving ‘complete justice’ to a man who has been fighting a legal battle for divorce for the last 2 decades, the Supreme Court ordered the abolition of marriage by using the special rights granted under Article 142.
The man’s divorce application rejected by the lower court and the Andhra Pradesh High Court after his wife refused to give her consent to separate. The couple had been living separately for the past 22 years and in 1993, after a few years of their marriage, their relationship had deteriorated.
Supreme Court allowed to end a Marriage if a distance has increased between the Couple
The Supreme Court has asked the central government in several decisions to change the divorce law so that if there is a breakdown in the relationship so much that there is no scope to stay together again, then it can also become the basis of divorce.
However, there has been no change in the law so far. Even if a couple has not lived together for years. Then there is no possibility of getting the relationship back on track. However, divorce cannot achieved.
Even the Law Commission in its reports in 1978 and 2009 recommended. That the Central Government to take immediate steps to change the law.
Justices Sanjay Kishan Kaul and Justice M.R. Shah’s Bench, while exercising the exclusive authority given to the Supreme Court under Article 142 of the Constitution. He said that this is a matter in which married relations cannot linked.
The bench said that all efforts to maintain this matrimonial relationship and reconciliation with the parties concerned have failed.
The bench said that there is no possibility of a relationship between the couple. As they have been living separately for the last 22 years. However, it will not be possible for them to live together.
‘ The Supreme Court has used the powers given in Article 142 of the Constitution to end marriages in many such cases in which the court came to the conclusion that there is no possibility of preserving the marital relationship and end the emotional relationship between the two parties.