Case : Roopa Soni v. Kamalnarayan Soni (2023 SC)
Facts: The parties married in 2002, but disputes arose after the birth of their child in 2006. The wife filed a complaint under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act. The husband questioned her character, alleging adultery and claiming she had fled the matrimonial home. He also sought her medical examination to support his allegations, which was rejected by the High Court.
Decision: The Section 23(2) of the Hindu Marriage Act, 1955 obliges to first attempt reconciliation between the parties, reflecting concern that divorce may exacerbate social and economic vulnerabilities particularly for women and harm children. The parties have lived separately for fifteen years, both have moved on, neither willing to resume cohabitation, and their mutual allegations are equally serious.
The Trial Court and High Court, in adopting a hyper-technical approach to refuse divorce, failed to account for the irretrievable breakdown. “A home is a place of love and companionship which should not turn into constant agony and suffering.” Given the long separation and collapse of the marital bond, there is no justification to perpetuate a merely formal status; the relationship warrants dissolution.
Link of the judgement: https://api.sci.gov.in/supremecourt/2014/19504/19504_2014_7_1503_46755_Judgement_06-Sep-2023.pdf
Legal Takeaway
The judgment in Roopa Soni v. Kamalnarayan Soni (2023) reinforces that when a marriage has deteriorated into a space of hostility, constant allegations, and prolonged separation, the law cannot insist on preserving it merely as a formal tie. The Supreme Court emphasized that a home should be a place of companionship, not a source of prolonged suffering. With both parties living apart for fifteen years, unwilling to reconcile, and having exchanged equally serious accusations—including claims under Section 498A and dowry laws—the Court recognized that the relationship had irretrievably broken down.
Individuals dealing with long-term separation, dowry harassment allegations, or repeated criminal complaints often need guidance from a divorce lawyer in Delhi, alongside support from a matrimonial lawyer in Delhi or a criminal lawyer in Delhi depending on the nature of the case.
