Court is Not a Councillor to Force the Spouses to Live in a Failed Marriage
- The Hon’ble Telangana High Court in the matter of D Narsimha Narsimlu Versus Anita Vaishnavi’s recently observed that marriage cannot be forced on a spouse. The court can not act as a councillor and force parties to live in a dead/failed marriage.
- The Hon’ble Telangana High Court commented that the court cannot act as a councillor or a hangman to force the spouses to continue in a dead marriage.
- The Court observed that the decision to continue or end a marriage is solely in the hands of husband and the wife. The spouse may approach and resolve marital issues in the manner best suited to them and the courts have restricted role in the marital issues. The court cannot force the spouse to continue in a dead marriage when all feelings/emotions are dead and the relationship is irreparably damaged. The court should not try to find faults of a spouse in the relationship to save the marriage. Such conduct on the part of court is undesired.
- The court upheld that the court is duty bound to confirm that the litigation is not filed by the spouse with hidden agenda and it can not force the spouse to live in an emotionless marriage. The Court held that marital relations can not be forced on a couple who are not ready to change their ways to make their marriage successful. The Court concluded that it is better for the warring spouse to take a divorce if they are unwilling to work on the marital issues and make their marriage work and the court can not force them to continue in a failed marriage.
This article is for academic purpose only and not a legal advice. The readers are advised to take proper legal advice from a practicing lawyer.
This article is researched and authored by Advocate Aarun Chanda practicing at Mumbai & Pune.
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