Living Separately Does Not Mean a Marriage Has Ended, Rules Supreme Court
New Delhi: In a significant ruling on marital relationships, the Supreme Court has clarified that a husband and wife living separately does not automatically mean their marriage has broken down. The court emphasised that before drawing such a conclusion, all evidence must be thoroughly examined.
A bench of Justice Surya Kant and Justice Joymalya Bagchi observed that courts today often assume marital breakdown solely based on prolonged separation. However, the judges said that Family Courts and High Courts must first determine who is responsible for the separation and whether one spouse intentionally forced the other to leave.
The bench noted that unless there is strong evidence of desertion or refusal to cohabit, courts should avoid concluding that the marriage has collapsed—especial...










