After considering the case, the Court said that allegations of rape, on the face of it, appeared to be false as there were multiple instances where the parties went to the police station when this incident never found any mention.
The bench said that once the marriage has broken down beyond repair, it would be unrealistic for the law not to take notice of the fact, and it would be harmful to society and injurious to the interests of the parties.
“The court, no doubt, should seriously make an endeavour to reconcile the parties; yet, if it is found that the breakdown is irreparable, then divorce should not be withheld. The consequences of preservation in law of the unworkable marriage which has long ceased to be effective are bound to be a source of greater misery for the parties,” the Court said.
Source: Barandbench
