New Delhi, Nov 19: Sympathising with children of
couples involved in matrimonial disputes, the Supreme Court
on Wednesday said "breaking up of marriage should come as a last
resort" as divorce erodes the sacred institution of marriage
and affects the future of such kids.
Handing over a school teacher the custody of her minor
son, who was living with his father till now, the apex court
regretted that the Hindu Marriages Act far from uniting a
husband and his wife was destroying the family system.
The apex court's decision marked the end of a
nine-year-long struggle of Sumedha Nagpal who later thanked
the court and said "It's a big day in my life and I think all
mothers all over the country will feel the same with me."
"My child is everything for me and it has been a very
long struggle...a 20-month baby was snatched from me and after
all this strife, I have got this wonderful judgement from the
court," she said.
Earlier, a bench of Justices Arijit Pasayat and G S
Singhvi talked about the institution of marriage and wondered
if these are made in heaven, then why were couples making
their matrimonial home a hell.
"Marriage is something, Ibsen said in 'The League of
Youth' you have to give your whole mind to. If marriages are
made in Heaven as Tennyson said in Ayloner's Field, why make
matrimonial home hell is a big question, " the apex court
observed in its judgement.
According to the bench, effort should be made to bring
about conciliation to bridge the communication gap which leads
to such undesirable proceedings.
"People rushing to courts for breaking up of marriage
should come as a last resort, and unless it has an inevitable
result, courts should try to bring about conciliation. The
emphasis should be on saving marriage and not breaking it,"
observed Justice Pasayat writing the judgement.
Bureau Report
First Published: Wednesday, November 19, 2008, 00:00