• By Raju Kumar
  • Thu, 21 Aug 2025 04:34 PM (IST)
  • Source:JND

Supreme Court On Marriage: The Supreme Court on Thursday made a significant observation while hearing a case of an estranged couple with two minor children, saying it was "impossible" that in a continuing marriage, a husband or a wife could say they want to be independent of their partner. If anybody wanted to be independent, they ought not enter matrimony, the top court added.

Marriage Means Coming Together: SC

A bench of Justices B V Nagarathna and R Mahadevan asserted, "We are very clear. 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 what, coming together of two souls, persons. How can you be independent?"

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"If they (couple) come together, we will be happy because the children are very young. Let them not stare at a broken home. What is their fault that they should have a broken home," the bench said.

The apex court, asking the parties to sort out their differences, underscored that every husband and wife would have some dispute or the other with each other.

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The woman petitioner, who appeared in the court through video-conferencing, said, "We can't clap with one hand." The SC Bench told her, "We are telling both of you, not only you."

What Has Wife Said?

The woman alleged that her husband is unwilling to take responsibility. The husband resides in Singapore and is currently in India. She told the court that he was unwilling to resolve the matter while only looking for visitation right and custody of children.

"But why can't you return to Singapore? What is the difficulty for you to return to Singapore with the children," the bench asked the woman. The wife lives in Hyderabad.

Highlighting her difficulties, she told the top court that the husband's actions in Singapore made it "extremely difficult" for her to return.

Stressing on needing a job for livelihood, being a single mother, the woman claimed of having received no maintenance from the estranged husband.

The husband's counsel said both the man and wife had the "best jobs" in Singapore, but the latter refused to return to Singapore along with the children.

"You (wife) may get a job, you may not get a job, but he has to maintain you and the children," the bench said, suggesting to ask the husband to deposit some amount for her and the children. The wife, however, said she did not want to be dependent on anyone.

"You can't say that. Once you are married, you are emotionally, otherwise dependent on the husband. Financially, you may not be," Justice Nagarathna asserted, adding, "You can't say I don't want to depend on anybody. Then why did you get married? I don't know, I may be old-fashioned but no wife can say I don't want to be dependent on my husband."

The wife sought some time to ponder over the issue. "You are all educated. You must sort out these things," the parties were told further.

(With PTI inputs)