Separations are not proof of breakdown of marriage, says SC

The Supreme Court on Friday cautioned courts against treating matrimonial separations as proof of an irretrievable breakdown of marriage, underscoring that a union cannot be dissolved merely because spouses have been living apart for some time.

- Utkarsh Anand

Emphasising the need for careful judicial scrutiny, a bench of justices Surya Kant and Joymalya Bagchi said courts carry an “onerous duty” to examine all the material facts, including responsibility for the separation and the impact of a divorce on children, before concluding that amarriage is beyond repair.