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The Court, relying on several precedents, held that despite the proof of allegations regarding the wife’s extramarital affairs, custody of minor children can be granted to the wife.
Unfortunate are the matrimonial disputes where the fountain head of friction inter se the spouses is mere lack of adjustment, understanding and the will to stay together. These factors are the wheels of the chariot of a workable marriage and if either spouse becomes averse to move together and chooses to abandon the relationship, then extensive reconciliatory efforts by one spouse, would also not yield any results.
by Bijal Ajinkya†, Sachin Bhandawat†† and Vatsal Singh†††
Cite as: 2024 SCC OnLine Blog Exp 19
“Developing any disease during the continuation of marriage is not within the control of any spouse. In such a situation, the other spouse has a marital duty to co-operate and bear with it and help the other spouse.”
Supreme Court observed that in cases where the marital relationship has broken down irretrievably, where there is a long separation and absence of cohabitation, then continuation of such a ‘marriage' would only mean giving sanction to cruelty which each is inflicting on the other.
The Supreme Court held that merely because either of the parties have disputed a factum of paternity, it does not mean that the Court should direct DNA test or such other test to resolve the controversy. Only in exceptional and deserving cases, where such a test becomes indispensable to resolve the controversy the Court can direct such test.
Supreme Court: Dealing with the case where the husband had sought divorce from his wife on the ground that she was forcing