Published on: November 13, 2023 at 00:30 IST
Court: Supreme Court of India
Citation: Samar Ghosh V. Jaya Ghosh (2007)
Honourable Supreme Court of India has held that Hon’ble Family Court may presume that the marriage has broken down citing the lengthy separation between the husband and wife. However, the Hon’ble Family Court must endeavour to reconcile but is the marriage breakdown is irreparable, then divorce should be granted.
95. Once the parties have separated and the separation has continued for a sufficient length of time and one of them has presented a petition for divorce, it can well be presumed that the marriage has broken down. The court, no doubt, should seriously make an endeavour to reconcile the parties; yet, if it is found that the breakdown is irreparable, then divorce should not be withheld. The consequences of preservation in law of the unworkable marriage which has long ceased to be effective are bound to be a source of greater misery for the parties.
Drafted By Abhijit Mishra