Brushing aside a woman's contention that unworkable marriage should not be put to an end, the Supreme Court on Tuesday dissolved her two-decade-old matrimonial alliance on her husband's plea saying it is emotionally dead, and there was no point in persuading them to live together.
A bench of Justices L Nageswara Rao and B R Gavai, however, directed the husband to pay Rs 25 lakh as "full and final settlement" to the wife within eight weeks.
The court took note of man's contention that he and his wife have been living separately for more than 16 years and for all practical purposes the marriage was dead.
The woman, for her part, did not engage any counsel, prompting the court to appoint an amicus curiae, who spoke with her several times and informed the court that she was not willing for dissolution of marriage and intended to live with her husband.
Noting that no meaningful effort has been made by her for reconciliation, the court said, “The marriage between the parties is emotionally dead and there is no point in persuading them to live together any more. Therefore, this is a fit case for exercise of jurisdiction under Article 142 of the Constitution. The marriage between the parties is dissolved”.
The wife had alleged adultery against her husband and excessive consumption of alcohol, forcing her to move out of the matrimonial home.
The husband, who is a police officer in West Bengal, alleged cruelty and desertion against the wife.
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(Published 14 September 2021, 12:49 IST)
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