No Purpose Of Judicial Separation After Irretrievable Breakdown Of Marriage 91-8877001993

The institution of marriage is fundamental to the family structure and is considered to be a commitment for a lifetime to each other by two people. But there exists a situation where not all marriages provide the companionship, understanding, and peace that is expected. 

In the situations where there is irretrievable breakdown of marriage and cannot be salvaged, the law tends to offer two options which are judicial separation or a nullification of the marriage to help resolve the issues that come with ending such a marriage. In that, judicial separation is not the same as divorce which in most cases is seen as a step in progress or regress on the way to the full cessation of a marriage.

What is Irretrievable Breakdown of Marriage?

• The doctrine of irretrievable breakdown of marriage understands that some marriages may suffer from certain persistent problems that make it impossible to reconcile such as incompatibility, communication breakdown, infidelity, and domestic violence. 
• The Law Commission of India also suggested adding irretrievable breakdown of marriage as a new basis for divorce to the list of grounds already available in its 71st Report (1978) and its 2009 Report.

What is Judicial Separation?

• Judicial separation is a court order which allows couples to live separately without putting an end to their marriage. 
• In India, judicial separation is provided under Section 10 of the Hindu Marriage Act, 1955, provisions exist under other personal laws as well as civil codes throughout the world.

Why in the News?

In the case of X vs Y:

• The appellant had married the respondent in the year 2000 and both were blessed with two children. 
• It was alleged that the respondent had been subjecting the appellant to mental and physical torture from the very next day after their wedding. 
• Besides, it was alleged that the appellant was coerced by the respondent to resign from her work and when she disregarded the warning, she was beaten up. 
• During the pregnancy of the Appellant, it was alleged that the Respondent husband left her without caring and supporting her. 
• In 2019, the respondent declared to the appellant and the children that they should return to her maternal house and never come back to his house. 
• This, the appellant made an application under section 13(1)(i) (ia) of the Hindu Marriage Act claiming to dissolve the marriage on the basis of cruelty.
• The Family Court found cruelty against the appellant. However, considering the fact that the parties had led a marital life of almost 19 years without any dichotomy, the decree of judicial separation was pronounced.

Consideration by the Court

• The notion of judicial separation is based on couple's agreement and the condition of their relationship wherein there is still an expectation of revival while as divorce is the order, which is issued based on the varied attacks and defenses of the individuals involved in litigation.
• According to the materials available on record, it appears that the appellant has alleged instances of cruelty against her. The Family Court in its finding itself explained that the appellant is subjected to mental as well as physical cruelty hence, the appellant has successfully proved her case still on possibility of reunion, passed the order of judicial separation. So that was wrong approach of the family court.
• The Court held that Family Court made an error in granting the decree of judicial separation. Thus, the Family court order was thus overturned.

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