New Delhi, July 18: Compelling a man and his wife to remain together when their marriage has irretrievably broken down would itself amount to inflicting "cruelty" on the feuding couple, the Supreme Court has ruled.
"Since the marriage between the parties is dead for all practical purposes and there is no chance of it being retrieved, the continuance of such marriage would itself amount to cruelty," a bench of Justices Altamas Kabir and Aftab Alam observed.
The apex court passed the observation while quashing a Madhya Pradesh High Court order which had directed Satish Sitole to live with his wife despite their marriage having broken irretrievably.
The High Court had quashed the decree of judicial separation granted by a matrimonial court after Sitole's estranged wife Ganga challenged the same.
Sitole had argued that during the 16 years of their marriage, Ganga stayed with him for hardly two years and shared a tempestuous relationship.
She also slapped a dowry harassment case on him but the High Court rejected his plea and directed him to continue with the marriage following which he appealed in the apex court.