The Supreme Court recently heard a transfer petition filed by a wife who wanted to save her marriage. Justices Sanjay Kishan Kaul and Abhay Shreeniwas Oka presided over the case.
The wife expressed her willingness to give the marriage another chance. However, the husband wanted the transfer petition quashed, citing an irretrievable breakdown of their marriage. He noted that they had lived together for only 40 days and had been separated for nearly two years, stating, “We are nothing but strangers now.”
During the hearing, the wife’s counsel reiterated her desire to reconcile. The Bench responded positively but noted, “Both parties should want to save the marriage. We (the Court) can’t save the marriage.”
The husband, appearing virtually, described the marriage as a “honey trap,” accusing his wife of being interested only in his money and demanding Rs 2 crores as a settlement. The wife, who had been working in Canada and returned to India during the COVID-19 lockdown, blamed her husband for ruining her life and career.
Justice Kaul commented, “What to do when two good people cannot get along?”
The husband emphasized his values of living with and caring for his parents, contrasting it with his wife’s Canadian perspective of not living with parents. He argued that this cultural difference was a significant issue.
The Bench offered a different perspective: “Looking after your parents is one thing. Either you should not get married and only look after your parents, or you should marry someone who agrees with your values. You can’t expect someone living in Canada to give up everything and come here.”
The Bench noted that this case did not warrant the use of powers under Article 142, as it was not a clear instance of a total breakdown of marriage. The Court could not unilaterally declare the marriage over without agreement from both parties.
After reviewing affidavits and arguments, the Court found the allegations from both sides to be “silly” and insufficient to prove a breakdown in the marriage. Justice Kaul remarked, “Marriage is not a casual thing. We are not under a western system where you marry today and divorce tomorrow. Both parties have not reached a stage where there’s nothing left in the marriage. I honestly don’t believe that a try has been made.”
The Bench urged the couple to consider mediation proceedings to resolve their differences.
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