SC: “Want Total Independence? Don’t Get Married!”

Supreme Court on marriage case

The Supreme Court on Thursday observed that marriage by nature involves togetherness and interdependence. The bench cautioned that no spouse can claim complete independence during the course of a marital relationship.

The bench, consisting of Justices BV Nagarathna and R Mahadevan, said those unwilling to depend on each other should reconsider entering into matrimony.

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The case concerned an estranged couple with two minor children. The husband, employed in Singapore, is currently in India, while the wife continues to live in Hyderabad.

The judges expressed concern for the children, noting it would be better if the couple reconciled, as young children should not go through the pain of a broken home.

During the hearing, the wife joined via video conference. She argued that her husband focused only on custody and visitation rights, while she had received no maintenance and was struggling as a single mother.

When she insisted that she did not want to be dependent on anyone, Justice Nagarathna responded that matrimony inevitably brings emotional, if not financial, dependence on a spouse.

The Court also asked why the wife could not return to Singapore, where both had once worked in good positions. She replied that her husband’s past conduct prevented her from doing so.

Despite their disputes, the judges urged the couple to consider reconciliation, stating that disagreements between spouses are common.

As an interim measure, the Court allowed the father weekend custody of the children in August and permitted him to celebrate his younger son’s birthday.

The Court further directed him to deposit ₹5 lakh towards the maintenance of his wife and children. The next hearing has been scheduled for September 16.

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