Preservation Of Unworkable Marriage Causes Great Misery, Marital Bond Should Be Severed On Irretrievable Breakdown
Case: xxxxxxx v. xxxxxxxxxx
Coram: Justice Anil K Narendran and Justice C S Sudha
Case No.: MAT.APPEAL NO. 513 OF 2021
Court Observation: The marriage becomes a fiction, though supported by a legal tie. By refusing to sever that tie, the law in such cases do not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties. Public interest demands not only that the married status should, as far as possible, as long as possible, and whenever possible, be maintained, but where a marriage has been wrecked beyond the hope of salvage, public interest lies in the recognition of that fact.
“Where there has been a long period of continuous separation, it may fairly be surmised that the matrimonial bond is beyond repair. The marriage becomes a fiction, though supported by a legal tie. By refusing to sever that tie, the law in such cases do not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties. Public interest demands not only that the married status should, as far as possible, as long as possible, and whenever possible, be maintained, but where a marriage has been wrecked beyond the hope of salvage, public interest lies in the recognition of that fact. Since there is no acceptable way in which a spouse can be compelled to resume life with the consort, nothing is gained by trying to keep the parties tied for ever to a marriage that in fact has ceased to exist. Human life has a short span and situations causing misery, cannot be allowed to continue indefinitely. A halt has to be called at some stage. Law cannot turn a blind eye to such situations,nor can it decline to give adequate response to the necessities arising therefrom”
“In the instant case, the matrimonial bond between the parties seems to be beyond repair. The marriage between the parties is only in name. The marriage has been wrecked beyond the hope of salvage, public interest and interest of all concerned lies in the recognition of the fact and to declare defunct de jure what is already defunct de facto. To keep the sham is obviously conducive to immorality and potentially more prejudicial to the public interest than a dissolution of the marriage bond. Point answered accordingly”
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Keywords
Preservation Of Unworkable Marriage, Irretrievable Breakdown
