In a recent case, a wife filed a transfer petition with the Supreme Court, seeking to save her marriage. The case was reviewed on Thursday by a Bench of Justices Sanjay Kishan Kaul and Abhay Shreeniwas Oka.
The wife expressed her willingness to try and save the marriage, while the husband opposed the petition, stating that their relationship had irretrievably broken down. According to the husband, they lived together for only 40 days and have been living apart for nearly two years. He claimed, “We are nothing but strangers now.”
During the court hearing, the wife’s counsel reiterated her desire to give the marriage another chance. In response, the Bench remarked, “We are happy to hear this, but both sides must want to save the marriage. The Court cannot do this alone.”
Appearing virtually, the husband described the marriage as a “honey trap,” accusing his wife of being after his money. He alleged that she demanded ₹2 crores as a settlement.
The wife, on the other hand, explained that she had returned to India during the COVID-19 lockdown, leaving her job in Canada. She accused her husband of ruining her career and life.
Justice Kaul commented, “What can be done when two good people can’t get along?”
As the hearing continued, the husband emphasized cultural differences, noting that he values caring for his elderly parents. He claimed his wife, influenced by Canadian values, opposed this.
The Bench, however, responded, “Caring for parents is important, but if that’s your priority, you should either remain unmarried or find someone who agrees with those values. You cannot expect someone to leave their life in Canada to accommodate this.”
The court further noted that this wasn’t a case where Article 142 could be invoked. The Bench stated, “This is not a situation where we can exercise our powers under Article 142. It’s hard to declare a complete breakdown of marriage unless both parties agree.”
After reviewing the arguments and affidavits, the Court concluded that the issues between the couple were “silly.” Justice Kaul emphasized, “Marriage is not something casual. This is not a situation where one can marry today and divorce tomorrow, as seen in some Western cultures. We don’t believe both parties have given this marriage a proper try.”
The Bench urged the couple to attempt mediation to resolve their differences.
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