Justices Saumitra Dayal Singh and Shiv Shanker Prasad made the observation while directing the judicial separation of an estranged married couple instead of directly allowing a plea for divorce.
“If courts were to recognize and act on small disputes or occurrences and read them as completion of ingredients of cruelty, many marriages where parties may not be enjoying best relations may stand exposed to dissolution without any real cruelty being committed,” the Court’s order stated.
The Court also said that if a person accuses her or his spouse of having an extramarital affair, the allegation must be clearly stated and not implied or left to the court’s imagination during divorce proceedings.
“To infer existence of illicit relationship, it is not to be left to the imagination of the Court what the parties may have intended to say by way of fact allegation. The allegation of one party having illicit relationship with another must be clear,” the Court observed in its November 3 order.
Source: Barandbench
