The Supreme Court has rejected the divorce plea of an 89-year-old man who sought to end his marriage to his 82-year-old wife after decades of separation. The Court ruled that the “irretrievable breakdown of marriage” is not a blanket justification for divorce and emphasized the importance of considering both parties’ sentiments, especially in long-term marriages.
A bench of Justices Aniruddha Bose and Bela M Trivedi highlighted that marriage is still viewed as a sacred institution in India, despite rising divorce cases. The judges observed that granting divorce solely based on the breakdown of the relationship would not do justice to the wife, who expressed her willingness to continue caring for her husband and did not wish to be labeled a “divorcee.”
The case stemmed from the couple’s estrangement, which began in 1984 when the husband, who had served in the Indian army, was stationed in Chennai. The wife chose not to accompany him and lived with her in-laws and later her son. Citing this, the husband sought divorce, claiming his wife’s refusal to cohabit was an indication of her intent to permanently end the marriage.
Initially, a district court granted the divorce under the Hindu Marriage Act, but the Punjab and Haryana High Court overturned the decision, prompting the husband to appeal to the Supreme Court. The husband argued that his wife had deserted him without cause, constituting cruelty.
However, the Supreme Court found that the wife had made efforts to maintain their marital relationship and had no desire to abandon her husband in their old age. The Court also acknowledged her sentiment of not wanting to bear the stigma of being a “divorcee.”
The Court ruled that granting a divorce based solely on irretrievable breakdown would result in injustice to the wife. The husband’s appeal was ultimately dismissed.
Case Title: Nirmal Singh Panesar vs Paramjit Kaur Panesar
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