New Delhi, Aug 17 (UNI) The Supreme Court has been asked to answer a very tricky question whether a court order directing the revival of an almost dead matrimonial relationship amounts to the violation of Right to Life of the spouse who is not able to bear the burden of such a relationship, and whether a court order can unite a couple separated for a long time, when one of the spouses is not willing to revive the relationship.
In the present case, both the apex court and the High Court seemed to have failed in their efforts to the revive the matrimonial relationship between one Narendra Kumar Verma of Faridabad and Savita, who were separated about 16 years ago, in 1992. Both are presently living in Delhi, but separately, inspite of the apex court directions to the estranged couple to live together for the sake of the two daughters born to them, five years after marriage.
Mr Verma was granted divorce by the trial court in 1996. His wife, Savita, went to appeal to the Punjab and Haryana High Court, which reversed the trial court order on March 30, 2005.
The apex court also dismissed the petition of the husband and directed the couple to reunite and stay together.
Mr Verma filed a Review Petition, which was dismissed by the apex court. A Curative Petition filed by him was also dismissed by the apex court on March 20, 2007.
Surprisingly, one High Court order and three Supreme Court orders have failed to reunite the estranged couple and they are still living separately. While the wife is living with her father in North Delhi, the man is living with his daughters in Vasant Kunj.
Mr Verma, in his fresh writ petition, which will come up for hearing in the apex court tomorrow, has contended that he cannot carry the burden of that relationship and the orders of the apex court amounted to interfering with his Fundamental Right to Life guaranteed under Article 21 of the Constitution.
The apex court, in several judgements, has ruled that irretrievable breakdown of marriage is a valid ground for divorce and it is not in the interest of society to prolong a relationship which has already reached a point of no return.
The couple was married in 1987.
UNI SC SBC RR KP1559