‘ ₹15,000 dete raho, khush raho’: SC refuses husband's divorce plea after living separately for 16 years

At the heart of the matter was the legal dilemma of whether a long separation is enough to end a marriage, or if a chance at reconciliation still holds ground.

The Supreme Court, while hearing a divorce case involving a couple who had been living separately for 16 years, asked the husband to “be quiet and continue paying” the stipulated ₹15,000 in maintenance to his wife.

When the husband’s side reiterated that the long separation stemmed from “temperamental issues,” the Supreme Court shifted focus to financial support, asking what amount could be offered as permanent alimony. (HT Photo)

At the heart of the matter was the legal dilemma of whether a long separation is enough to end a marriage, or if a chance at reconciliation still holds ground.

The husband’s counsel told the court that the couple had been living apart for over a decade and a half, adding that his client was already paying ₹15,000 every month as maintenance. On that basis, he requested that the marriage be dissolved, pointing to ongoing differences and incompatibility.

“Separated for 16 years, I am paying ₹15,000 maintenance. Kindly grant me a divorce,” the husband submitted before the court, according to Bar and Bench.

However, the wife said she was willing to return and live with the husband, having already told him so. Thus, she challenged the claim that the marriage had completely collapsed.

The court keeps the status quo

The Supreme Court Bench remarked, “Keep your wife with you,” indicating that the door for reconciliation could not be shut so easily.

When the husband’s side reiterated that the long separation stemmed from “temperamental issues,” the court shifted focus to financial support, asking what amount could be offered as permanent alimony. It also observed that ₹15,000 per month was “hardly anything these days.”

The husband’s counsel responded that his client did not have the financial capacity to increase the amount.

“I don’t have money. I have a ₹65,000 salary, no pension. I am 54 years old,” he told the court.

The Bench then directed that the existing arrangement should continue, stating, “you continue to pay ”

When the plea for divorce was pressed again, the court declined to grant it, telling the husband, “shaanti se baithe raho. Dete Raho ₹15,000, khush raho.”