Impossible for partner to say they don't want to be dependent on other in marriage: SC

New Delhi | The Supreme Court on Thursday said it was "impossible" that in a continuing marriage a husband or a wife could say they want to be independent of their partner.

If anybody wanted to be independent, they ought not enter matrimony, a bench of Justices B V Nagarathna and R Mahadevan cautioned.

The bench added, "We are very clear. No husband or wife can say I want to be independent of the other spouse while our marriage is continuing. That is impossible. Marriage means what, coming together of two souls, persons. How can you be independent?" The top court was hearing a case of an estranged couple with two minor children.

"If they (couple) come together, we will be happy because the children are very young. Let them not stare at a broken home. What is their fault that they should have a broken home," the bench said.

Asking the parties to sort out their differences, the bench said every husband and wife would have some dispute or the other with each other.

The wife, who appeared in the court through video-conferencing, said, "We can't clap with one hand." The bench told her, "We are telling both of you, not only you." The woman claimed her husband, who was residing in Singapore and currently in India, was unwilling to resolve the matter while only looking for visitation right and custody of children.

"But why can't you return to Singapore? What is the difficulty for you to return to Singapore with the children," the bench asked the wife, who lives in Hyderabad.

The wife cited some difficulties, saying the husband's actions in Singapore made it "extremely difficult" for her to return.

Stressing on needing a job for livelihood, being a single mother, the woman claimed of having received no maintenance from the estranged husband.

The husband's counsel said both the man and wife "best jobs" in Singapore but the latter refused to return to Singapore along with the children.

"You (wife) may get a job, you may not get a job but he has to maintain you and the children," the bench said, suggesting to ask the husband to deposit some amount for her and the children.

The wife, however, said she did not want to be dependent on anyone.

"You can't say that. Once you are married, you are emotionally, otherwise dependent on the husband. Financially you may not be," Justice Nagarathna said.

The judge went on, "You can't say I don't want to depend on anybody. Then why did you get married. I don't know, I may be old fashioned but no wife can say I don't want to be dependent on my husband." The wife sought some time to ponder over the issue.

"You are all educated. You must sort out these things," the parties were told further.

The petitioner's counsel said the petitioner was presently in India and he would be returning to Singapore on September 1.

He said his younger son's birthday was on August 23 and he intends to celebrate it with both his children.

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The bench asked the wife to hand over the children to the petitioner for birthday celebration. It also asked the husband to ensure that the children are at the wife's house for birthday celebration in the evening.

The bench said the petitioner would have the interim custody of children on the coming weekends in August.

It noted the petitioner's submissions that for the purpose of reconciliation with his wife, he was willing to seek the proceedings for divorce to be kept in abeyance.

The top court asked the husband to deposit Rs 5 lakh towards maintenance of the wife and children without prejudice to other orders that may be there against him and posted the matter for September 16.