Marriage Should Not Be Treated As Broken Down Merely Due To Separate Living: Supreme Court

The Supreme Court held that a marriage cannot be presumed to have irretrievably broken down solely because the spouses have been living separately. The Court emphasized that separation is only one factor and does not automatically justify granting divorce. It stressed the need for courts to examine why the parties are living separately, whether one spouse was compelled to leave, and whether any acts of cruelty or neglect contributed to the situation. The judgment highlights that irretrievable breakdown is not a statutory ground under the Hindu Marriage Act and should not be used casually or mechanically. Courts must also consider the welfare of children and the possibility of reconciliation. The ruling reinforces that identifying the party responsible for breaking the marital bond is essential before granting dissolution. The decision protects the institution of marriage by ensuring that divorce is granted only after thorough judicial scrutiny based on evidence, rather than assumptions arising from long separation.