The Supreme Court on Thursday observed that it was “impossible” for a husband or wife to assert independence from each other while their marriage was still continuing, stressing that matrimony signifies the union of two individuals who must remain emotionally interdependent.
A bench comprising Justices B.V. Nagarathna and R. Mahadevan made the remarks while hearing a matrimonial dispute involving an estranged couple with two minor children. “If anybody wanted to be independent, they ought not enter matrimony,” the bench said, adding, “No husband or wife can say I want to be independent of the other spouse while our marriage is continuing. That is impossible. Marriage means coming together of two souls, persons. How can you be independent?”
The judges encouraged the couple to reconcile in the interest of their young children. “If they come together, we will be happy because the children are very young. Let them not stare at a broken home. What is their fault?” the bench remarked, underlining that disagreements are natural in every marriage but should not result in the collapse of the family.
During the hearing, the wife, appearing via video-conference from Hyderabad, argued that her husband, who lives in Singapore, was unwilling to resolve the matter and was only seeking visitation rights and custody of the children. She cited difficulties in returning to Singapore, alleging her husband’s conduct there made it “extremely difficult” for her to resume life abroad.
The bench pressed further, suggesting the husband deposit a sum for the maintenance of his wife and children. When the wife insisted she did not want to be dependent on anyone, Justice Nagarathna responded, “You can’t say that. Once you are married, you are emotionally, otherwise dependent on the husband. Financially you may not be… You can’t say I don’t want to depend on anybody. Then why did you get married?”
In an interim arrangement, the bench directed the wife to allow the children to celebrate their younger son’s birthday with the father on August 23. The court also granted interim custody of the children to the father on weekends in August.
The husband, through his counsel, expressed willingness to keep divorce proceedings in abeyance in the hope of reconciliation. The apex court further directed him to deposit ₹5 lakh towards maintenance of his wife and children, without prejudice to any other orders. The matter has been posted for hearing on September 16.
