India's Supreme Court ruled that prolonged separation without genuine reconciliation efforts constitutes mental cruelty and is a valid ground for divorce under the Hindu Marriage Act. The court dissolved a marriage of over 15 years of separation.
In India, a wife's remarriage generally ends her right to maintenance from her former husband. This principle applies across various laws, including the secular Bharatiya Nagarik Suraksha Sanhita (BNSS) and personal laws like the Hindu Marriage Act. However, the husband must obtain a court order to cancel maintenance; it does not stop automatically. Child maintenance obligations remain unaffected by the wife's remarriage.
The dispute arose from matrimonial proceedings between two highly qualified medical professionals. The wife, a practicing gynaecologist with an M.D. degree, challenged a trial court order which had partly rejected her application for maintenance under Sections 24 and 26 of the Hindu Marriage Act, 1955.
