"It is not to say that every marriage, where the couple stays apart from each other for work or other obligations consensually, is a broken one," the bench of Justices Vipin Sanghi and Jasmeet Singh noted in the order dated December 3.
The objective of the institution of marriage is to bring two souls together, who embark on the adventurous journey called life. They share experiences, smiles, sorrows, achievements and struggles. They uplift and support each other in all situations with their emotional, mental and physical presence. On this journey of life, they create personal, social and spiritual bonds, everlasting memories, future plans, through which they co-exist in the society, the court said.
An essential aspect of marriage is being present in each other's life, physically and emotionally. It is not to say that every marriage, where the couple stays apart from each other for work or other obligations consensually, is a broken one. However, a marriage where there is neither sharing of emotions, nor of dreams, joys, sorrows, memories (happy or sad), is merely a legal bond, the court order read.
In the present case, the couple -- husband working in Canada and the woman living in India have never lived together for any significant length of time during the entire 11 years of their marriage. It appears that the husband treated his partner as 'overseas wife,' only to use her as a temporary companion, and to have someone to serve him when he came to India on short visits after yearly gaps, the court noted on the divorce petition of a 34-year-old woman, an MNC professional.
The woman's present appeal was against an earlier Family Court order which dismissed her application for divorce from the husband on the grounds of cruelty.
The couple got married in 2010 at Arya Samaj Vivah Mandir in Bhagpat, Uttar Pradesh according to Hindu rites and ceremonies. The marriage was consummated but no child was born out of their wedlock.