The Supreme Court recently emphasized that marriage is not a casual commitment, urging a couple to reconcile through mediation. This statement came during the hearing of a transfer petition filed by a wife seeking to save her marriage.
A bench of Justices Sanjay Kishan Kaul and Abhay Shreeniwas Oka reviewed the case. While the wife expressed her willingness to give the marriage another chance, the husband opposed the transfer petition, citing an irretrievable breakdown of marriage. The husband noted that the couple had lived together for only 40 days and had been separated for almost 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, stating, “We are more than happy to hear this. But both parties should want to save the marriage. We (the Court) can’t save the marriage.”
The husband, appearing virtually, claimed that his marriage was a “honey trap” and that his wife was only interested in his money, having demanded Rs 2 crores as a settlement. He further explained that he valued taking care of his elderly parents, whereas his wife, influenced by her Canadian perspective, disagreed with living with in-laws.
The Bench, however, pointed out, “Looking after your parents is one thing. Either you should not get married and only look after your parents, or you should get married to someone who is willing to live in that scenario. You married someone living in Canada and asked her to give up everything and move here. How is that possible?”
Justice Kaul remarked, “What to do when two good people cannot get along?” and noted that the allegations seemed “silly” and not indicative of a total breakdown of marriage. The Bench emphasized that the couple had not made genuine efforts to reconcile, stating, “Marriage is not such 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.”
The Court concluded that it was not a case to exercise powers under Article 142, which allows the Supreme Court to pass any order necessary for doing complete justice. Instead, the Bench urged the couple to engage in mediation proceedings to attempt to resolve their differences.
In summary, the Supreme Court highlighted the importance of mutual efforts in marriage and urged the couple to explore mediation as a means to save their marriage, stressing that marriage should not be treated casually.
