Updated on Wednesday, November 19, 2008, 00:00 IST

New Delhi, Nov 19: Sympathising with children of couples involved in matrimonial disputes, the Supreme Court on Wednesday said "breaking up of marriage should come as a last resort" as divorce erodes the sacred institution of marriage and affects the future of such kids.

Handing over a school teacher the custody of her minor son, who was living with his father till now, the apex court regretted that the Hindu Marriages Act far from uniting a husband and his wife was destroying the family system.

The apex court's decision marked the end of a nine-year-long struggle of Sumedha Nagpal who later thanked the court and said "It's a big day in my life and I think all mothers all over the country will feel the same with me."

"My child is everything for me and it has been a very long struggle...a 20-month baby was snatched from me and after all this strife, I have got this wonderful judgement from the court," she said.

Earlier, a bench of Justices Arijit Pasayat and G S Singhvi talked about the institution of marriage and wondered if these are made in heaven, then why were couples making their matrimonial home a hell.

"Marriage is something, Ibsen said in 'The League of Youth' you have to give your whole mind to. If marriages are made in Heaven as Tennyson said in Ayloner's Field, why make matrimonial home hell is a big question, " the apex court observed in its judgement.

According to the bench, effort should be made to bring about conciliation to bridge the communication gap which leads to such undesirable proceedings.

"People rushing to courts for breaking up of marriage should come as a last resort, and unless it has an inevitable result, courts should try to bring about conciliation. The emphasis should be on saving marriage and not breaking it," observed Justice Pasayat writing the judgement.

Bureau Report