Anita v. Indresh Gopal Kohli - Matrimonial Matters - Irretrievable Break Down Of Marriage

Matrimonial Matters - Irretrievable Break Down Of Marriage- The courts, in recent times, often observe that since the parties are living separately, the marriage should be taken to have broken irretrievably. However, before jumping to such a conclusion, it is imperative upon the Family Court or the High Court to determine as to who out of the two is responsible for breaking the marital tie and forcing the other to live separately. Unless there is cogent evidence for willful desertion or refusal to cohabit and/or look after the othe spouse, the finding of marriage having been broken irretrievably is likely to have devastating effects, especially on the children. The arrival of such a conclusion puts the Courts under an onurous duty to deeply analyse the entire evidence on record, consider the social circumstances and the background of the parties, and various other factors.