Supreme Court: Living Separately Alone Does Not Prove Marriage Has Broken Down

The Supreme Court, bench of Justices Surya Kant and Joymalya Bagchi, held that spouses living separately cannot, by itself, justify a finding that a marriage has “irretrievably broken down.”

The Court noted that courts must first determine who caused the separation and whether there is clear evidence of wilful desertion or refusal to cohabit. 

It cautioned that such findings can have serious consequences, especially for children, and require a thorough analysis of evidence and circumstances. 

The matter, arising from the Uttarakhand High Court granting divorce solely based on separation, was remanded for fresh consideration.

[Dr. Anita v. Indresh Gopal Kohli]