SC: Separate Living Not Ground for Divorce Unless Fault Is Identified

The Supreme Court held that the mere fact that spouses have been living apart cannot be treated as a standalone ground for divorce. Courts must determine which spouse contributed to the breakdown of marriage. The article explains the Court’s reliance on principles under the Hindu Marriage Act, especially cruelty, desertion, and the need for rigorous fact-finding. The judgment stresses that irretrievable breakdown is not yet a legislated ground for divorce and cannot be applied mechanically. This ruling reinforces judicial responsibility to examine marital conduct carefully, prevent misuse of divorce proceedings, and protect the institution of marriage while balancing individual freedoms.