New Delhi: The Supreme Court on Monday held that it would be proper to grant divorce by mutual consent in cases where the marriage between persons gets irretrievably broken and remains only in name.
The observation came while deciding the matrimonial dispute of a couple, who despite persuasion of the court, have been unable to sort out their differences and decided to live separately.
Holding that the marriage has been wrecked beyond the hope of salvage, a Bench comprising Justice G P Mathur and Justice Dalveer Bhandari said "in the instant case, we are fully convinced that the marriage between the parties has irretrievably broken down because of incompatibility of temperament".
"In fact, there has been total disappearance of emotional substratum in the marriage. The matrimonial bond between the parties is beyond repair. A marriage between parties is only in name," the Bench observed.
While ensuring that the persons may live peacefully in future, the court directed that all pending cases in different courts be disposed of.
"According to our considered view, unless all the pending cases are disposed of and we put a quietus to litigation between the parties, it is unlikely that they would live happily and peacefully in future," Justice Bhandari, writing the judgement for the Bench, said.
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