In a significant matrimonial ruling, the Supreme Court set aside a judgment of the Uttarakhand High Court that had granted divorce to a husband on the ground of cruelty and remanded the matter for fresh consideration, holding that the High Court had failed to properly evaluate crucial issues such as whether the wife had been forcibly removed from the matrimonial home or had deserted her husband by choice, and whether the respondent’s conduct—including denial of care and affection to the couple’s minor son, who remained with the mother since birth—constituted cruelty; the Bench of Justices Surya Kant and Joymalya Bagchi further observed that courts must not mechanically conclude irretrievable breakdown of marriage solely on account of prolonged separation and must first ascertain who was responsible for the separation, as such findings deeply impact the rights of spouses and children, and emphasized the need for a thorough analysis of social context, evidence, and the parties’ background before dissolving the marital bond; the Supreme Court therefore partly allowed the appeal filed by the wife, restored her challenge, and directed both parties to appear before the High Court on 24 November 2025 for a fresh examination of the divorce petition in accordance with law.
Dr. Anita v. Indresh Gopal Kohli, 14-11-2025