Divorce – Long Period of Continuous Separation

In the case of K. Srinivas Rao v. D.A. Deepa, 2013 (3) AWC 2462 (SC), it was held as under:
“Where there has been a long period of continuous separation, it may fairly be concluded that the matrimonial bond is beyond repair. The marriage becomes a fiction though supported by a legal tie. In V. Bhagat v. D. Bhagat, AIR 1994 SC 337, the court observed that divorce petition was pending for eight years and a good part of the lives of both the parties had been consumed in litigation, yet the end was not in sight. The facts were such that there was no question of reunion, the marriage having irretrievably broken down. While dissolving the marriage on the ground of cruelty, the court observed that irretrievable breakdown of marriage is not a ground by itself, but, while scrutinizing the evidence on record to determine whether the grounds alleged are made out and in determining the relief to be granted, the said circumstance can certainly be borne in mind. In Naveen Kohli v. Neelu Kohli, (2006) 4 SCC 558, where husband and wife had been living separately for more than ten years and a large number of criminal proceedings had been initiated by the wife against the husband, the court observed that the marriage had been wrecked beyond the hope of salvage and public interest and interest of all lies in the recognition of the fact and to declare defunct de jure what is already defunct de facto. Smt. Sunaina Mehrotra v. Vijay Mehrotra, 2015 (2) AWC 1621.

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