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Hindu Marriage Act, 1955

444 judgments · newest first · showing 201–400

Kumari Sandhya SumanversusThe State of Bihar

DISPOSED

Kumari Sandhya Suman filed an application seeking the cancellation of the anticipatory bail granted to her husband, Ajit Kumar, by a coordinate bench of the Patna High Court. The petitioner argued that the bail should be set aside in view of ongoing criminal proceedings. The respondent counsel …

Priyanka KumariversusRupesh Kumar @ Akshay Kumar,

ALLOWED

Priyanka Kumari filed an application under Section 24 of the CPC seeking transfer of her divorce suit (Case No. 128 of 2022) from the Family Court, Nalanda to the Family Court, Nawada. She alleged that after her marriage she was subjected to dowry demands, harassment and was ousted from the …

GEETA @ REETA MISHRAversusAJAY KUMAR MISHRA

2025 INSC 1102Disposed off

The parties were married in 1996 and later lived separately, with the husband filing for divorce on grounds of cruelty in 2009. The Family Court granted the divorce in 2019, which the High Court affirmed in 2023. The wife appealed, seeking a payment of Rs.10,00,000 towards their daughter's marriage …

AMANJOT SINGH CHADHAversusUNION OF INDIA & ORS.

2025 INSC 1127Disposed off

The petitioner sought a writ under Article 32 of the Constitution directing all States and Union Territories to implement Section 6 of the Anand Marriage Act, 1909, which mandates rules for registering Sikh Anand Karaj marriages. The Court noted that while some jurisdictions had notified such rules, …

M.V. LEELAVATHIversusDR. C.R. SWAMY @ DR. C.R. KUMARA SWAMY

2025 INSC 994Case Partly allowed

The appellant-wife filed for divorce on the ground of mental cruelty and was granted a decree of divorce and permanent alimony of Rs.15,00,000 by the Family Court, which the High Court upheld. The appellant challenged the alimony amount, arguing she was unemployed, while the respondent, a doctor, …

A. RANJITHKUMARversusE. KAVITHA

2025 INSC 978Appeal(s) allowed

The husband filed a divorce petition in 2012 on grounds of cruelty and adultery, and the Family Court granted a decree of divorce in 2016 on the ground of cruelty. The wife appealed, and the Madras High Court set aside the decree, holding that the alleged cruelty stemmed from the wife's father's …

PRADEEP BHARDWAJversusPRIYA

2025 INSC 852Appeal(s) allowed

The appellant-husband filed a petition for divorce under Section 13(1)(a) of the Hindu Marriage Act, alleging cruelty, but the Family Court dismissed it and the High Court upheld that dismissal. The parties had been living separately since October 2009, amounting to over sixteen years of …

VIBHOR GARGversusNEHA

2025 INSC 829Case Allowed

The husband filed a divorce petition and sought to introduce secretly recorded telephone conversations with his wife as evidence, submitting memory cards, a CD and transcripts. The Family Court allowed the evidence, but the High Court set aside that order on the ground that the recordings violated …

RAKHI SADHUKHANversusRAJA SADHUKHAN

2025 INSC 789Disposed off

Rakhi Sadhukhan filed for divorce from Raja Sadhukhan and was awarded permanent alimony of Rs.20,000 per month with a 5% increase every three years by the Calcutta High Court. She later contended that the amount was insufficient given the husband’s higher income and the standard of living she …

RAMANUJ KUMARversusPRIYANKA

2025 INSC 543Appeal(s) allowed

The appellant, Ramanuj Kumar, filed a petition for divorce under Sections 13(1)(ia) and (iii) of the Hindu Marriage Act, alleging irretrievable breakdown of his marriage to Priyanka. The parties had been living separately for over eleven years, with the appellant caring for their elder daughter and …

SUKHDEV SINGHversusSUKHBIR KAUR

2025 INSC 197Reference answered

The case arose from a decree of nullity under Section 11 of the Hindu Marriage Act, 1955, wherein the Punjab & Haryana High Court had held the marriage void. The appellant contested whether, despite the void status, the spouse could claim permanent alimony under Section 25 and interim maintenance …

SUMAN MISHRA & ORS.versusTHE STATE OF UTTAR PRADESH & ANR.

2025 INSC 203Appeal(s) allowed

The appellants, a husband and his in‑laws, sought to quash a FIR and charge‑sheet filed after the husband filed a divorce suit, alleging that the FIR was a retaliatory, vexatious measure. The FIR originally alleged rape under Section 376 IPC, but the charge‑sheet omitted that offence and no protest …

KULDEEP SINGHversusTHE STATE OF PUNJAB & ORS.

2025 INSC 137Appeal(s) allowed

The appellant, Kuldeep Singh, was charged under Sections 366, 376 and 506 IPC for alleged abduction and rape of his wife, Respondent No.3, after she filed a statement alleging forced marriage. The appellant contended that the marriage was solemnised voluntarily under Sikh rites and that, under …

SAU. JIYAversusKULDEEP

2025 INSC 135Case Partly allowed

The marriage between Sau. Jiya and Kuldeep was dissolved by a family court on the ground of cruelty, a decree later affirmed by the High Court. After the husband remarried in 2019, the parties disputed a permanent alimony settlement, with the wife seeking a lump‑sum amount and the husband contesting …

SMT. N. USHA RANI AND ANR.versusMOODUDULA SRINIVAS

2025 INSC 129Appeal(s) allowed

The appellant, Smt. N. Usha Rani, married her first husband in 1999, separated and executed a Memorandum of Understanding (MoU) in 2005, and subsequently married the respondent twice, the second marriage being registered. The respondent obtained a decree declaring the first marriage void and later …

SUGIRTHAversusGOWTHAM

2024 INSC 1036

The Supreme Court heard an appeal by Sugirtha challenging a High Court order that required her to travel 150 km each way every Sunday to hand over her two‑year‑old daughter to the father, Gowtham, for visitation. The parties had been married in 2021, separated shortly after the child's birth, and …

AMUTHAversusA.R. SUBRAMANIAN

[2024] 12 S.C.R. 755Dismissed

Amutha and A.R. Subramanian were married in 2002 but lived apart for more than fifteen years following a series of disputes, including the wife filing a false dowry harassment complaint against the husband. The husband filed for divorce on grounds of cruelty and desertion, which were initially …

RINKU BAHETIversusSANDESH SHARDA

2024 INSC 1014Disposed off

The petitioner-wife Rinku Baheti filed a transfer petition seeking to move a pending divorce suit to the Pune Family Court and opposed the respondent-husband Sandesh Sharda's application under Article 142(1) for a decree of divorce on the ground of irretrievable breakdown of marriage. The parties …

PARVIN KUMAR JAINversusANJU JAIN

2024 INSC 961Disposed off

Parvin Kumar Jain and Anju Jain were married in 1998 and have lived apart since 2004. The husband, a senior banker, was ordered to pay interim maintenance under Section 24 of the Hindu Marriage Act, which was later enhanced, while the wife sought further increase and permanent alimony. The Supreme …

GANAPATI BHIKARAO NAIKversusNUCLEAR POWER CORPORATION OF INDIA LIMITED

2024 INSC 871Appeal(s) allowed

Ganapati Bhikarao Naik, the son‑in‑law of a land‑loser whose land was acquired for the Kaiga Atomic Power Project, was appointed as a helper under a rehabilitation scheme. After marital discord and a divorce proceeding, his father‑in‑law alleged that Naik was not a legitimate family member and the …

VIKAS KANAUJIAversusSARITA

2024 INSC 517Appeal(s) allowed

Dr. Vikas Kanaujia filed a petition for divorce under Section 13 of the Hindu Marriage Act alleging cruelty, after his wife Dr. Sarita left the marital home within a month of their 2002 marriage and the couple lived together for only about 43 days over a 22‑year separation. The Family Court granted …

TRISHA SINGHversusANURAG KUMAR

2024 INSC 450Case Allowed

The husband filed a petition under Section 9 of the Hindu Marriage Act seeking divorce, and the parties later reached an amicable settlement before a Supreme Court mediator, wherein the husband paid alimony and the wife agreed to dissolve the marriage. The wife subsequently withdrew from the …

JATINDER KUMAR SAPRAversusANUPAMA SAPRA

2024 INSC 382Appeal(s) allowed

The appellant, Jatinder Kumar Sapra, sought a decree of divorce on the ground of irretrievable breakdown of marriage, alleging ill‑treatment by his wife, while the wife alleged cruelty by the husband. Both the Family Court and the Punjab & Haryana High Court dismissed his petition under Section …

ANIRUDDHA KHANWALKARversusSHARMILA DAS & OTHERS

2024 INSC 342Appeal(s) allowed

The appellant married respondent No.1, who had previously concealed her existing marriage and presented a forged divorce decree, inducing the appellant to part with Rs. 2 lakh and later discover her pregnancy. The appellant filed a criminal complaint alleging cheating and criminal conspiracy under …

DOLLY RANIversusMANISH KUMAR CHANCHAL

2024 INSC 355Disposed off

The petitioners, both commercial pilots, claimed to have "solemnised" their marriage on 7 July 2021 and obtained a marriage certificate from Vadik Jankalyan Samiti, which was later used to register the marriage under the Uttar Pradesh Marriage Registration Rules, 2017. In reality, no Hindu rites or …

DEEP MUKERJEEversusSREYASHI BANERJEE

2024 INSC 274Case Partly allowed

The husband and wife were married in 2013, lived together in the United Kingdom for over seven years and later separated in 2021. The wife filed a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, alleging non‑consummation due to the husband’s alleged impotency. The husband filed …

YAGWATI @ POONAMversusGHANSHYAM

2024 INSC 1100

The appellant, a wife, sought maintenance under Section 18 of the Hindu Adoption and Maintenance Act after separating from her husband, who later obtained an ex‑parte divorce decree and remarried. The Family Court granted modest maintenance, which the High Court later enhanced, but the appellant …

ADITI ALIAS MITHIversusJITESH SHARMA

2023 INSC 981Disposed off

The minor daughter of Jitesh Sharma challenged the High Court's order that reduced the maintenance awarded by the Family Court from Rs 20,000 to Rs 7,500 per month. The Supreme Court observed that the High Court had not required the parties to file the uniform affidavits of disclosure of assets and …

MANMOHAN GOPALversusTHE STATE OF CHHATTISGARH & ANR.

2023 INSC 953Disposed off

The daughter‑in‑law (R2) filed applications seeking recovery of arrears of maintenance and monthly maintenance from her father‑in‑law, Manmohan Gopal, after her husband Varun Gopal abandoned her and obtained a foreign divorce. The Supreme Court noted that the father‑in‑law and the husband had …

DR. NIRMAL SINGH PANESARversusMRS. PARAMJIT KAUR PANESAR @ AJINDER KAUR PANESAR

2023 INSC 896Dismissed

The appellant, an 89‑year‑old retired Air Force officer, filed for divorce on the grounds of cruelty and desertion under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955. The District Court granted the decree, but the High Court reversed it, holding that the appellant failed to prove …

SMT. ROOPA SONIversusKAMALNARAYAN SONI

2023 INSC 814Appeal(s) allowed

The marriage between Roopa Soni and Kamalnarayan Soni, solemnised in 2002, broke down after the birth of their child, leading to a separation that has lasted for over fifteen years. Both parties filed serious allegations against each other, including a complaint under Section 498A IPC and the Dowry …

REVANASIDDAPPA & ANR.versusMALLIKARJUN & ORS.

2023 INSC 783Reference answered

The appeal concerned the inheritance rights of children born of void or voidable Hindu marriages who are legitimated under Section 16(1) or 16(2) of the Hindu Marriage Act, 1955. The central issue was whether such children are entitled to a share in the ancestral or coparcenary property of their …

ILAVARASANversusTHE SUPERITENDENT OF POLICE & ORS.

2023 INSC 813Appeal(s) allowed

The appellant Ilavarasan married Mathithra under Section 7A of the Hindu Marriage Act, with the assistance of advocates and social workers, and later filed a habeas corpus petition alleging that she was being detained by her parents and forced to marry her maternal uncle. The Madras High Court …

SHILPA SAILESHversusVARUN SREENIVASAN

2023 INSC 468Reference answered

The Constitution Bench examined the scope of Article 142(1) of the Constitution, holding that the Supreme Court may depart from statutory procedure and even substantive law to achieve "complete justice" provided the exercise is guided by fundamental public policy. It ruled that, in cases of …

SH. RAKESH RAMANversusSMT. KAVITA

2023 INSC 433Appeal(s) allowed

Sh. Rakesh Raman filed a petition for divorce under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act, alleging cruelty and desertion by his wife, Smt. Kavita. The parties had been living apart for about 25 years, with no children, and had been involved in multiple criminal litigations against …

DELMA LUBNA COELHOversusEDMOND CLINT FERNANDES

2023 INSC 389Dismissed

The husband filed a divorce petition in the Family Court at Mangaluru, Karnataka. The wife, a permanent resident of Canada now residing in Mumbai, filed a transfer petition seeking to move the proceedings to the Family Court at Bandra, Mumbai. She argued that traveling to Mangaluru would be …

APARNA AJINKYA FIRODIAversusAJINKYA ARUN FIRODIA

2023 INSC 146Appeal(s) allowed

The husband filed for divorce on the ground of adultery and sought a DNA test of their son, born during the marriage, to establish paternity. The Family Court and the High Court ordered the DNA test, but the Supreme Court set aside those orders, holding that the conclusive presumption of legitimacy …

RUCHI RAWATversusPRINCIPAL JUDGE, FAMILY COURT ETAH & ANR.

2022 INSC 1314Appeal(s) allowed

Ruchi Rawat, the appellant-wife, filed an application seeking transfer of a matrimonial suit (Original Suit No.23 of 2018) filed by her husband under Section 13 of the Hindu Marriage Act, from the Family Court in Etah to the Family Court in Mathura. She argued that she had no income, lived with her …

M. V CHANDRAKANTHversusSANGAPPPA & ORS

2022 INSC 769Dismissed

M. V. Chandrakanth (appellant) challenged a Division Bench of the Karnataka High Court that had set aside a Single Judge's order dismissing a writ petition filed by Respondent No.1, who claimed Other Backward Class (OBC) reservation as a member of the Ganiga caste. The central issue was whether a …

N.C.V. AISHWARYAversusA.S. SARAVANA KARTHIK SHA

2022 INSC 1310Appeal(s) allowed

The appellant, a 21‑year‑old wife residing in Chennai, sought the transfer of her husband’s petition for annulment of marriage filed in the Family Court at Vellore to the Family Court at Chennai under Section 24 of the Code of Civil Procedure. She also had two other matrimonial petitions – …

MUKESH KUMAR & ANRversusTHE UNION OF INDIA & ORS.

2022 INSC 229Appeal(s) allowed

Jagdish Harijan, an Indian Railways employee, died leaving a son, Mukesh Kumar, born of his second wife. The Railway Board circular barred children of a second wife from receiving compassionate appointments, leading to the denial of Mukesh's application. The appellant challenged this denial, arguing …

N. RAJENDRANversusS. VALLI

2022 INSC 140Disposed off

The husband (appellant) filed for divorce on the ground of cruelty after his wife (respondent) left him and returned to her parental home. The Family Court granted the decree of dissolution, but the wife appealed to the High Court under Section 19 of the Family Courts Act; the appeal was filed on …

NITABEN DINESH PATELversusDINESH DAHYABHAI PATEL

2021 INSC 629Case Partly allowed

The wife (Nitaben Dinesh Patel) filed a counter‑claim in her husband’s divorce suit seeking a declaration that his alleged second marriage to Hinaben Manubhai Panchal was void and that their child was illegitimate. The trial court allowed amendment of her written statement to include facts about the …

SIVASANKARANversusSANTHIMEENAL

2021 INSC 467Appeal(s) allowed

The appellant and respondent were married in 2002 but the marriage was never consummated and the parties lived apart for almost two decades. The appellant filed for divorce on the ground of cruelty; the trial court granted a decree on the basis of irretrievable breakdown, which was later set aside …

THE DIRECTOR OF TREASURIES IN KARNATAKA & ANR.V. V. SOMYASHREEversusV. SOMYASHREE

2021 INSC 472Appeal(s) allowed

The mother of V. Somyashree, a government employee in Karnataka, died on 25 March 2012. At the time of her death the daughter was married; she later obtained a decree of divorce by mutual consent on 20 March 2013 and applied for a compassionate appointment on 21 March 2013 under the Karnataka Civil …

AMAN LOHIAversusKIRAN LOHIA

2021 INSC 190Disposed off

The father (Aman Lohia) filed a guardianship petition under the Guardians and Wards Act, 1890 and the Family Courts Act, 1984 seeking declaration as guardian of his two‑year‑old daughter. The mother (Kiran Lohia) did not file a written statement but filed several applications under CPC, including a …

JOYDEEP MAJUMDARversusBHARTI JAISWAL MAJUMDAR

2021 INSC 123Disposed off

Joydeep Majumdar, an Army officer, filed for divorce on the ground of mental cruelty, alleging that his wife, Bharti Jaiswal Majumdar, repeatedly made defamatory complaints to his superiors, the State Women Commission, and on public platforms, which damaged his career and reputation. The Family …

SMT. S. VANITHAversusTHE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT & ORS.

2020 INSC 701Appeal(s) allowed

The appellant, Smt. S. Vanitha, sought to remain in a house that she claimed was her matrimonial home and a "shared household" under the Protection of Women from Domestic Violence Act, 2005 (PWDV Act). Her parents‑in‑law, invoking the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 …

RAJNESHversusNEHA & ANR.

2020 INSC 631Disposed off

The husband appealed against a Family Court order granting interim maintenance of Rs 15,000 per month to his wife and Rs 10,000 per month to his son under Section 125 of the Cr.P.C., which was affirmed by the Bombay High Court. The Supreme Court upheld the lower courts' orders, directed the husband …

MRS RITIKA SHARANversusMR SUJOY GHOSH

2020 INSC 615Disposed off

The parties, married in 2009, have been living apart since 2016, with the mother, Mrs. Ritika Sharan, caring for their son Sattik while employed in Singapore. The father, Mr. Sujoy Ghosh, obtained interim orders from the Family Court restraining the mother from taking the child out of Bengaluru and …

MANGAYARKARASIversusM. YUVARAJ

2020 INSC 259Appeal(s) allowed

The husband filed a petition under Section 13 of the Hindu Marriage Act seeking dissolution of his marriage on the ground of the wife's intemperate behaviour, while the wife filed a petition under Section 9 for restitution of conjugal rights. The trial court dismissed the husband's petition for lack …

KRISHNAVENI RAIversusPANKAJ RAI & ANR.

2020 INSC 211Appeal(s) allowed

Krishnaveni Rai, the appellant, obtained a decree of divorce from her first husband in 2005 and filed an appeal against that decree almost a year after the limitation period, which was later condoned. While the appeal was pending, she married Pankaj Rai in December 2014. The respondent sought a …

SHYAMLAL DEVDA AND OTHERSversusPARIMALA

2020 INSC 77Appeal(s) allowed

The marriage between the respondent and appellant No.14 was solemnised in Rajasthan, after which the couple lived in Chennai. In 2014 the respondent travelled to Bengaluru for her sister's wedding and subsequently refused to return to the matrimonial home, alleging domestic violence by her husband, …

MUNISH KAKKARversusNIDHI KAKKAR

2019 INSC 1384

Munish Kakkar filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, alleging cruelty, extra‑marital affairs, and a child out of wedlock, after a marriage that had effectively collapsed with the parties living apart for over sixteen years. The trial court granted a decree of …

RATHNAMMA & ORS.versusSUJATHAMMA & ORS.

2019 INSC 1255Appeal(s) allowed

The plaintiff, Sujathamma, a maternal granddaughter of the deceased's father, claimed to have married her maternal uncle Hanumanthappa on 7 March 1986 and sought a share of his estate as his wife. The alleged marriage was supported only by a registration document (Ex.P/1) with no evidence of any …

R. SRINIVAS KUMARversusR. SHAMETHA

2019 INSC 1128Appeal(s) allowed

The husband and wife were married in 1993 and have been living apart for more than 22 years. The husband filed a petition for divorce under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act, alleging cruelty, and also sought dissolution on the ground of irretrievable breakdown, but the Family …

NUTAN GAUTAMversusPRAKASH GAUTAM

2019 INSC 467Appeal(s) allowed

The Supreme Court heard appeals by Nutan Gautam (wife) against orders of the Allahabad High Court that directed her son, a ten‑year‑old boy, to be admitted to a boarding school in New Delhi and to return to his mother during summer vacations. The boy, who had been studying since first grade at …

UNION OF INDIA AND ANR.versusV. R. TRIPATHI

2018 INSC 1189Disposed off

The case concerned a son born from his father's second marriage, which was void under Hindu law, who applied for a compassionate appointment after his father's death while in service of Indian Railways. The Railway Board’s circular of 1992, later reiterated in 2013, barred children of such second …

DR. AMIT KUMARversusDR. SONILA & ORS.

2018 INSC 1007Leave Granted & Allowed

Dr. Amit Kumar and Dr. Sonila, both doctors posted with the CRPF, obtained a decree of divorce by mutual consent in 2016 which stipulated that custody of their two minor children would vest with the father, with each parent bearing the expenses of one child. After the father was transferred to …

MR. ANURAG MITTALversusMRS. SHAILY MISHRA MITTAL

2018 INSC 745Appeal(s) allowed

Anurag Mittal obtained a decree of divorce from Rachna Aggarwal in 2009 and appealed against it, obtaining a stay. The parties later settled, and Mittal filed an application to withdraw the appeal on 28 November 2011, which was deemed withdrawn on that date. He married Shaily Mishra Mittal on 6 …

MRS. KANIKA GOELversusSTATE OF DELHI THROUGH S.H.O. AND ANR.

2018 INSC 622Appeal(s) allowed

The case involved a US‑born minor girl, M, whose mother (the appellant) fled the United States with her to India and filed for divorce. The father (respondent No.2) obtained a US custody order and sought a writ of habeas corpus in Delhi to have the child returned to the US. The Delhi High Court …

USHA UDAY KHIWANSARAversusUDAY KUMAR JETHAMAL KHIWANSARA

2018 INSC 618Disposed off

The husband filed a divorce petition on grounds of cruelty and desertion, which was dismissed by the Family Court. The High Court later set aside that order and granted an ex parte divorce decree in favor of the husband without hearing the wife. The wife appealed to the Supreme Court, arguing …

NANDAKUMAR & ANR.versusTHE STATE OF KERALA & ORS.

2018 INSC 383Appeal(s) allowed

The father of 19‑year‑old Thushara filed a habeas‑corpus petition alleging that his daughter was being held in illegal custody by her husband, Nandakumar, who was allegedly under the marriageable age of 21 at the time of their ceremony. The Kerala High Court held that the marriage was not legally …

DINESH SINGH THAKURversusSONAL THAKUR

2018 INSC 356Dismissed

The husband, a U.S. citizen, filed a petition under Sections 13 and 26 of the Hindu Marriage Act in the Gurgaon Family Court seeking divorce, while the wife filed a divorce petition in a Florida court on grounds not available under Indian law. The husband then sued in the Gurgaon court for a …

ANU BHANDARIversusPRADIP BHANDARI

2018 INSC 203Disposed off

Anu Bhandari and Pradip Bhandari, married in 1997, had been living separately since 2011 and were involved in 23 pending civil and criminal cases. After extensive mediation, they reached an amicable settlement and filed an application for divorce by mutual consent under Section 13B of the Hindu …

INDEPENDENT THOUGHTversusUNION OF INDIA & ANR.

2017 INSC 1030Directions issued

The Supreme Court examined whether Exception 2 to Section 375 of the Indian Penal Code, which exempts a husband from rape liability when his wife is aged 15‑18, violates the Constitution and conflicts with the Protection of Children from Sexual Offences (POCSO) Act. The Court held that the exemption …

SANTHINIversusVIJAYA VENKETESH

2017 INSC 1023Reference answered

The Supreme Court examined whether video conferencing could be used in matrimonial disputes under the Family Courts Act, 1984, particularly in transfer petitions. It held that Section 11 of the Act obliges the court to hold proceedings in camera if either party desires, and that allowing video …

AMARDEEP SINGHversusHARVEEN KAUR

2017 INSC 896Disposed off

Amardeep Singh filed a civil appeal challenging the Family Court's order granting a waiver of the six‑month cooling‑off period under Section 13B(2) of the Hindu Marriage Act, 1955, for a mutual‑consent divorce. The parties had been living separately for over eight years, had settled all pending …

SAMAR KUMAR ROY (D) THROUGH LR (MOTHER)versusJHARNA BERA

2017 INSC 860Disposed off

Samar Kumar Roy filed a suit under Section 34 of the Specific Relief Act, 1963 (and Section 38 for injunction) seeking a declaration that his alleged marriage under the Special Marriage Act was void. The plaintiff died during the proceedings and his mother was substituted as his legal representative …

SANTHINIversusVJJAYA VENKETESH

2017 INSC 730Matter referred to larger bench

The petitioner sought transfer of a divorce and child‑custody petition from the Family Court in Alappuzha, Kerala to the Family Court in Chennai, Tamil Nadu. The respondent argued that, following the Supreme Court’s decision in Krishna Veni Nagam, the matters could be dealt with via …

RAJ TALREJAversusKAVITA TALREJA

2017 INSC 385Appeal(s) allowed

The husband filed a petition for divorce under Section 13 of the Hindu Marriage Act, alleging that his wife had made false and defamatory complaints against him, his family and colleagues, which amounted to cruelty. The wife had lodged multiple complaints with various authorities and the media, all …

KALYAN DEY CHOWDHURYversusRITA DEY CHOWDHURY NEE NANDY

2017 INSC 370Case Partly allowed

The husband Kalyan Dey Chowdhury and his wife Rita Dey Chowdhury (née Nandy) were married in 1995 and later divorced. The wife sought permanent alimony under Section 25 of the Hindu Marriage Act, which was initially set at Rs.16,000 per month in 2015. The husband’s net salary rose from Rs.63,842 to …

MANISH JAINversusAKANKSHA JAIN

2017 INSC 297Appeal(s) allowed

Manish Jain filed for divorce against his wife Akanksha Jain, who subsequently sought interim maintenance under Section 24 of the Hindu Marriage Act, claiming she had no independent income. The trial court dismissed her application, but the Delhi High Court later ordered the husband to pay Rs.60,000 …

KRISHNA VENI NAGAMversusHARISH NAGAM

2017 INSC 224Disposed off

The wife, residing in Hyderabad with her minor daughter, sought transfer of a divorce proceeding filed by her husband under Section 13 of the Hindu Marriage Act in the Family Court of Jabalpur, citing hardship in traveling to the forum. The petition raised whether a transfer under Section 25 of the …

SUMAN SINGHversusSANJAY SINGH

2017 INSC 215

The husband filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, alleging multiple instances of cruelty by his wife. The alleged incidents were largely isolated, occurred many years before the petition, and were condoned by the parties as they continued to live together …

BHAGWATI @ REENAversusANIL CHOUBEY

2017 INSC 196Disposed off

The husband filed a suit seeking annulment of his marriage, alleging that he was forced to marry the wife under threat, that the marriage was not consummated willingly, and that the wife was under 18 at the time of marriage. The trial court held the wife was a minor, declared the marriage void ab …

NARENDRAversusK. MEENA

2016 INSC 952Appeal(s) allowed

The appellant husband filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, alleging cruelty by his wife who made false accusations of an extra‑marital affair, threatened suicide, and insisted that he separate from his parents. The Family Court found these acts …

SATYENDRA KUMAR & ORS.versusRAJ NATH DUBEY & ORS.

2016 INSC 388Dismissed

The appeal concerned a land‑inheritance dispute where the petitioners sought to set aside an order of the Consolidation Officer that rejected their claim to a share of land. The petitioners argued that earlier judgments in a separate proceeding involving the same parties, but concerning a different …

VENNANGOT ANURADHA SAMIRversusVENNANGOT MOHANDAS SAMIR

2015 INSC 884Appeal(s) allowed

The husband filed a petition for divorce on the ground of cruelty and sought transfer of the case from Bombay to Hyderabad. The parties entered into a settlement agreement where the husband promised to pay Rs.12.5 lakh as full and final alimony at the time of a mutual consent divorce decree. The …

KRISHNA BHATACHARJEEversusSARATHI CHOUDHURY AND ANR.

2015 INSC 848Appeal(s) allowed

The appellant, a wife, filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 seeking seizure of her stridhan held by her husband after they were judicially separated. The trial court, Sessions Court and High Court dismissed the application on the grounds …

SONI KUMARIversusDEEPAK KUMAR

2015 INSC 669Appeal(s) allowed

Soni Kumari and Deepak Kumar, married in 2009, lived separately from 2014 due to irreconcilable differences and filed a joint petition for divorce by mutual consent under Section 13‑8(1) of the Hindu Marriage Act. The Family Court allowed the first motion but refused to waive the statutory six‑month …

VINOD KUMAR SUBBIAHversusSARASWATHI PALANIAPPAN

2015 INSC 354Appeal(s) allowed

Vinod Kumar Subbiah filed for divorce under Section 13(1)(ia) of the Hindu Marriage Act, alleging mental cruelty by his wife, Saraswathi Palaniappan, who later sought restitution of conjugal rights under Section 9 and maintenance. The trial court, after examining extensive evidence, found the wife’s …

RAVINDER KAURversusANIL KUMAR

2015 INSC 301Disposed off

The appellant and respondent were married in 1991. The respondent obtained an ex‑parte decree of divorce in January 1994, which was later set aside in February 1996, thereby restoring the marriage. The appellant filed a criminal complaint under IPC s.376, which was dismissed without trial, and …

RAJ KUMAR RANAversusRITA RATHORE

2015 INSC 188Appeal(s) allowed

The husband Raj Kumar Rana married Rita Rathore in 1997, but they separated in February 1998 after the wife gave birth to a son and never returned to the marital home. The husband filed a divorce petition under Section 13 of the Hindu Marriage Act on grounds of cruelty and desertion, which was …

SURYA VADANANversusSTATE OF TAMIL NADU & ORS.

2015 INSC 178Disposed off

Surya and Mayura Vadanan, both British citizens, married in India and had two daughters in the UK. In August 2012 Mayura brought the children to India and filed for divorce. Surya obtained an interim order from the High Court of Justice in England making the children wards of that court and …

RAMCHANDERversusANANTA

2015 INSC 148Dismissed

The husband, an engineer, filed a suit for divorce under Sections 13(1)(i‑a) and 13(1)(i‑b) of the Hindu Marriage Act, alleging mental cruelty and desertion by his wife, a draftsman. The wife counter‑claimed that she faced dowry harassment, alleged an extra‑marital affair by the husband, and had …

SUNILversusSAKSHI @ SHWETA & ANR.

2015 INSC 41Appeal(s) allowed

The husband filed a petition for divorce under the Hindu Marriage Act, 1955, and the Family Court initially proceeded ex parte when the wife could not be served. The wife later appeared, the ex parte order was set aside, and the case was adjourned for conciliation, but she remained absent at …

K. SRINIVASversusK. SUNITA

2014 INSC 791Appeal(s) allowed

The husband and wife were married in 1989; the wife later filed a criminal complaint against the husband and his family under several IPC provisions and the Dowry Prohibition Act, which led to their arrest. The husband filed for divorce on the grounds of cruelty and alleged irretrievable breakdown, …

JAIMINIBEN HIRENBHAI VYAS &ANR.versusHIRENBHAI RAMESHCHANDRA VYAS &ANR.

2014 INSC 793Appeal(s) allowed

The wife and her minor daughter sought maintenance under Section 125 of the Code of Criminal Procedure (CrPC) and Section 24 of the Hindu Marriage Act. The Family Court initially granted interim maintenance but later awarded maintenance only to the daughter, denying the wife on the ground that she …

DIPANWITA ROYversusRONOBROTO ROY

2014 INSC 728Disposed off

Ronobroto Roy filed a petition for divorce under Section 13 of the Hindu Marriage Act, alleging that his wife Dipanwita Roy had an extra‑marital relationship and bore a child with another man. To prove the allegation of infidelity, he applied to the Family Court for a DNA test of the child, which …

VIDHYA VISWANATHANversusKARTIK BALAKRISHNAN

2014 INSC 660Disposed off

The husband filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, alleging mental cruelty by his wife, who refused to consummate the marriage and displayed hostile behaviour. The trial court dismissed the petition, but the Madras High Court allowed it, finding the wife's …

JUVERIA ABDUL MAJID PATNIversusATIF IQBAL MANSOORI AND ANR.

2014 INSC 1011Appeal(s) allowed

The appellant, Juveria Abdul Majid Patni, married Atif Iqbal Mansoori under Muslim rites in 2005 and alleged physical abuse and cruelty, leading her to file an FIR under Sections 498A and 406 IPC in 2007. She obtained an ex parte Khula (divorce) from a Mufti on 9 May 2008, which the respondent …

V.K. VASANTHA KUMAR!versusR. SUDHAKAR

2014 INSC 604Disposed off

The husband and wife divorced in 2009, and the wife sought permanent alimony. The Family Court initially awarded Rs.24,00,000, which the High Court increased to Rs.40,00,000, reasoning that the wife needed Rs.40,000 per month and would have to invest Rs.40,00,000 to generate that income. The wife …

DR. (MRS.) MALATHI RAVI, M.D.versusDR. B.V. RAVI M.D.

2014 INSC 426Disposed off

The husband, Dr. B.V. Ravi, filed a petition for divorce under Section 13(1)(ib) of the Hindu Marriage Act alleging desertion, and also sought restitution of conjugal rights. The Family Court found no proof of desertion and granted restitution, but the wife, Dr. Malathi Ravi, later lodged FIRs …

SWAPNIL AND OTHERSversusSTATE OF MADHYA PRADESH

2014 INSC 393Appeal(s) allowed

The husband, Swapnil, filed an application for restitution of conjugal rights, but his wife left the matrimonial home in April 2011 and later lodged two police complaints alleging dowry demands and threats to kill. A First Class Judicial Magistrate framed charges under IPC sections 498A and 506 Part …

INDRA SARMAversusV.K.V. SARMA

2013 INSC 786Dismissed

The appellant, an unmarried woman, lived with the respondent, a married man, for about 14 years and claimed that his failure to maintain her constituted domestic violence under the Protection of Women from Domestic Violence Act, 2005. The respondent argued that their relationship was a mere live‑in …

SARASWATHYversusBABU

2013 INSC 782Appeal(s) allowed

Saraswathy, married to Babu in 2000, was subjected to dowry demands and was thrown out of the matrimonial home. She filed a petition under the Protection of Women from Domestic Violence Act, 2005 seeking protection, residence and maintenance orders. Although the trial magistrate granted these …

B. CHANDRIKAversusSANTHOSH & ANR

2013 INSC 767Appeal(s) allowed

The appellant, the divorced wife of the first accused, challenged summons issued against her in a case under Section 420 read with Section 34 IPC. The police investigation had filed a refer report stating that the complaint was not proved, and the complainant testified that only the husband had been …

BAD SHAHversusSOU.URMILA BADSHAH GOOSE & ANR

2013 INSC 703Dismissed

The petitioners, Urmila Badshah Goose and her daughter Shivanjali, filed an application under Section 125 of the CrPC seeking maintenance, claiming that Urmila was the wife of the petitioner Badshah and that Shivanjali was their illegitimate child. Badshah contended that he was already lawfully …

BHEEMRAYAversusSUNEETHA

2013 INSC 645Appeal(s) allowed

Both parties were minors when they allegedly married. The wife filed two suits—one to restrain the husband from remarrying and another seeking a perpetual injunction against alienation of property, claiming a one‑third share for herself and her daughter. She also filed a petition under Section 9 of …

KOLLAM CHANDRA SEKHARversusKOLLAM PADMA LATHA

2013 INSC 629Dismissed

The husband filed a petition for divorce under Section 13(1)(iii) of the Hindu Marriage Act, alleging his wife suffered from schizophrenia, while the wife filed a petition for restitution of conjugal rights. The trial court granted the divorce and dismissed the restitution petition, but the Andhra …

SONDUR GOPALversusSONDUR RAJINI

2013 INSC 465Disposed off

The wife filed a petition for judicial separation and custody under Section 10 of the Hindu Marriage Act, 1955. The husband contested the petition’s maintainability, arguing that both parties, being Swedish citizens domiciled in Australia, were outside the Act’s territorial scope. The Supreme Court …

DARSHAN GUPTAversusRADHIKA GUPTA

2013 INSC 402Dismissed

The husband, Darshan Gupta, filed a petition for dissolution of marriage on the grounds of cruelty (s.13(1)(ia)) and his wife’s alleged incurable unsound mind (s.13(1)(iii)) under the Hindu Marriage Act. The wife, Radhika Gupta, sought restitution of conjugal rights. The Family Court and High Court …

ASHOK KUMAR JAINversusSUMATI JAIN

2013 INSC 255Dismissed

The husband, Ashok Kumar Jain, filed a petition under Section 13 of the Hindu Marriage Act, 1955 seeking divorce from his wife, Sumati Jain, on grounds of cruelty and desertion. The trial court dismissed the petition, finding that the husband himself had been cruel and had created circumstances that …

K. SRINIVAS RAOversusD.A. DEEPA

2013 INSC 122Disposed off

The husband (K. Srinivas Rao) appealed against a High Court order that set aside a decree of divorce in his favour. The Supreme Court examined whether the wife’s filing of false, indecent and defamatory complaints, and multiple criminal proceedings against him and his family, amounted to mental …

PRASHANT BHARTIversusSTATE OF NCT OF DELHI

2013 INSC 51Appeal(s) allowed

The complainant Priya lodged an FIR alleging that the accused Prashant Bharti had assaulted, molested, and later raped her under sections 328, 354 and 376 IPC, claiming these acts were committed on the promise of marriage. Investigation revealed mobile‑phone records disproving the presence of both …

DEOKI PANJHIYARAversusSHASHI BHUSHAN NARAYAN AZAD & ANR.

2012 INSC 586Appeal(s) allowed

The husband filed a writ petition challenging the interim maintenance granted to his wife under Section 12 of the Protection of Women from Domestic Violence Act, 2005, alleging that she was already married to another man, as evidenced by a marriage certificate under the Special Marriage Act, 1954. …

U. SREEversusU. SRINIVAS

2012 INSC 578Dismissed

The marriage between U. Sree and U. Srinivas broke down, leading the wife to file a petition for restitution of conjugal rights and the husband to file for divorce on the ground of mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act. The Family Court and the Madras High Court granted …

GAYTRI BAJAJversusJITEN BHALLA

2012 INSC 450Dismissed

The parties were married in 1992 and had two daughters. They obtained a decree of divorce by mutual consent in 2003, expressly agreeing that the husband would have sole custody of the children and the wife would forego visitation rights. The wife later challenged the decree on grounds of fraud and …

DEVINDER SINGH NARULAversusMEENAKSHI NANGIA

2012 INSC 348Appeal(s) allowed

The husband and wife were married on 26 March 2011 but lived apart from the outset, and the husband filed a petition under Section 12 of the Hindu Marriage Act seeking a declaration of nullity within three months. During mediation the parties agreed to dissolve the marriage by mutual consent and …

VISHWANATH S/O SITARAM AGRAWALversusSAU. SARLA VISHWANATH AGRAWAL

2012 INSC 269Appeal(s) allowed

The husband filed a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 alleging mental cruelty by his wife, who had publicly defamed him, hidden his clothes and keys, and made false criminal allegations. The trial court and appellate courts dismissed the petition, deeming the …

RASHMI AJAY KR. KESHARWANI & ANR.versusAJAY KR. KESHARWANI AND ORS.

2012 INSC 128Appeal(s) allowed

The husband, Ajay Kumar, filed a habeas corpus petition before the Allahabad High Court alleging that his wife, Rashmi, was illegally detaining their minor son. In reality, the child had been living with the mother in Maharashtra since birth. The husband had earlier filed a criminal application in …

DEEPTI BHANDARIversusNITIN BHANDARI & ANR.

2011 INSC 844Disposed off

The case involved a matrimonial dispute between Depti Bhandari and Nitin Bhandari, centering on visitation rights to their minor daughter after the mother shifted residence from Jaipur to Delhi. The father had been granted visitation rights in Jaipur, but the mother sought to modify the order to …

PANKAJ MAHAJANversusDIMPLE @ KAJAL

2011 INSC 735Appeal(s) allowed

The husband filed a petition under Section 13 of the Hindu Marriage Act seeking divorce on the grounds of cruelty and the wife’s incurable unsound mind, alleging that she suffered from schizophrenia and repeatedly threatened suicide. The trial court granted the decree, but the High Court set it …

INDERJIT SINGH GREWALversusSTATE OF PUNJAB & ANR.

2011 INSC 601Appeal(s) allowed

The husband and wife obtained a decree of divorce by mutual consent in 2008. The wife later filed a criminal complaint under the Protection of Women from Domestic Violence Act, 2005 alleging the divorce decree was a sham and that they continued to live together. The husband moved the trial …

PYLA MUTYALAMMA @ SATYAVATHIversusPYLA SURI DEMUDU & ANR.

2011 INSC 564Case Allowed

The appellant, Pyla Mutyalamma, filed a Section 125 Cr.P.C. application for maintenance against her husband, alleging a valid marriage in 1974 and desertion after 25 years. The trial magistrate found her to be the lawful wife with two surviving children and awarded Rs.500 per month. The husband …

A. SUBASH BABUversusSTATE OF A.P.& ANR.

2011 INSC 514Disposed off

The appellant, a Sub‑Inspector, married a woman (the second wife) by concealing that he was already married, collected money from her family and threatened them. The second wife filed a complaint alleging offences under Sections 494, 495, 417, 420 and 498A IPC. The High Court quashed the complaint …

VINNY PARMVIR PARMARversusPARMVIR PARMAR

2011 INSC 507Case Partly allowed

The parties dissolved their marriage by mutual consent under the Hindu Marriage Act, 1955. The Family Court fixed a maintenance of Rs.20,000 per month for the wife, which the High Court affirmed and also ordered an alternative lump‑sum alimony of Rs.20 lakh. Unsatisfied, the wife appealed for a …

FLG. OFFICER RAJIV GAKHARversusMS. BHAVANA @ SAHAR WASIF

2011 INSC 380Dismissed

The appellant, an Indian Air Force pilot, married the respondent at an Arya Samaj temple after being told she was a Hindu spinster. He later discovered she had previously converted to Islam, married a Muslim, had two children, and divorced, but claimed she had reconverted to Hinduism through …

HITESH BHATNAGARversusDEEPA BHATNAGAR

2011 INSC 306Dismissed

Hitesh Bhatnagar and Deepa Bhatnagar, married under the Hindu Marriage Act, filed a joint petition for divorce by mutual consent in 2001. Before the required second motion, Deepa withdrew her consent after the 18‑month period, leading the trial court to dismiss the petition. The appellant appealed, …

REVANASIDDAPPA AND ANR.versusMALLIKARJUN AND ORS.

2011 INSC 251Matter referred to larger bench

The appeal arose from a Karnataka High Court decision on a partition suit involving children born of a void second marriage. The petitioners claimed that the children of the void marriage were illegitimate and therefore not coparceners in the ancestral property, while the respondents argued they …

PARIMALversusVEENA @ BHARTI

2011 INSC 110Appeal(s) allowed

Parimal filed a divorce suit against his wife Veena. The wife repeatedly refused to accept the court's notice, after which the trial court proceeded ex‑parte and granted a decree of divorce. Four years later she applied under Order IX Rule 13 CPC to set aside the decree, alleging improper service, …

RAM CHANDRA BHAGATversusSTATE OF JHARKHAND

2010 INSC 810Hearing Adjourned

The appellant, Ram Chandra Bhaghat, was convicted under Section 493 of the Indian Penal Code for deceitfully inducing a belief of lawful marriage and cohabiting with the complainant for nine years, during which they had two children. The appellant argued that no belief of a lawful marriage was …

GURBUX SINGHversusHARMINDER KAUR

2010 INSC 689Dismissed

The appellant, a principal of an ITI college, filed a petition for divorce under Section 13 of the Hindu Marriage Act, 1955 alleging cruelty by his wife, primarily citing an incident on the Lohri festival where she verbally abused his elderly parents. The trial court and the High Court dismissed the …

CHANMUNIYAversusVIRENDRA KUMAR SINGH KUSHWAHA & ANR.

2010 INSC 681Matter referred to larger bench

The appellant, Chanmuniya, claimed that after the death of her first husband she was married to her brother‑in‑law according to Kushwaha customs, with Katha and Sindur, and lived with him as husband and wife. The husband later deserted and stopped maintenance, prompting her to file a petition under …

SANJEETA DASversusTAPAN KUMAR MOHANTY

2010 INSC 632Appeal(s) allowed

The Supreme Court examined an appeal by Sanjeeta Das against a decree of divorce granted by the Orissa High Court on the basis of an affidavit in which the husband, Tapan Kumar Mohanty, offered to pay Rs 10 lakh as maintenance. The husband had earlier filed a petition under Sections 13(1)(ia) and …

SUNITA JHAversusSTATE OF JHARKHAND

2010 INSC 606Appeal(s) allowed

The appellant, Sunita Jha, was charged under Section 498A of the Indian Penal Code for cruelty to the complainant, Asha Rani Pal, on the ground that she was living with Pal's husband as his wife. The trial court rejected her discharge application, and the Jharkhand High Court affirmed that her …

NEETA RAKESH JAINversusRAKESH JEETMAL JAIN

2010 INSC 411Case Partly allowed

Neeta Rakesh Jain filed for interim maintenance after her husband obtained an ex-parte divorce decree. She claimed the husband earned about Rs. 2,00,000 per month, while he asserted a salary of Rs. 30,000 from his own company. The Bombay High Court, accepting the husband's claim without scrutiny, …

BHARATHA MATHA & ANR.versusR. VIJAYA RENGANATHAN & ORS.

2010 INSC 328Appeal(s) allowed

The predecessor‑in‑interest of Bharatha Matha filed a suit for a share in the property of her brother Muthu Reddiar, who died intestate and allegedly unmarried. Defendant No.1, Rengammal, claimed she was lawfully married to Alagarsami Reddiar (who was alive) and also asserted a live‑in relationship …

NEETI MALVIYAversusRAKESH MALVIYA

2010 INSC 318Hearing Adjourned

The petitioner, Neeti Malviya, sought to transfer a divorce petition from the Family Court in Bangalore to the Family Court in Hoshangabad. The parties had reached a settlement in Supreme Court Lok Adalat, agreeing that the husband would pay Rs. 65 lakh and that a joint application for divorce by …

VINISHA JITESH TOLANI @ MANMEET LAGHMANIversusJITESH KISHORE TOLANI

2010 INSC 252Disposed off

The wife and husband were married in Goa under Hindu rites and the marriage was registered there. The husband filed a petition under Section 12 of the Hindu Marriage Act, 1955 in Goa seeking annulment. The wife, who had been residing in the United Kingdom and later in Delhi, filed a petition under …

SUVARNALATAversusMOHAN ANANDRAO DESHMUKH & ANR.

2010 INSC 194Hearing Adjourned

The husband filed a petition for divorce on the ground that his wife suffered from schizophrenia. The Family Court granted the decree of divorce, which was affirmed by the High Court. The wife appealed only to challenge the findings on her alleged mental disorder and to claim a lump‑sum permanent …

VIKRAM VIR VOHRAversusSHALINI BHALLA

2010 INSC 170Dismissed

The husband and wife obtained a mutual‑consent divorce under Section 13‑B of the Hindu Marriage Act, agreeing that the mother would retain custody of their son and the father would have fortnightly visitation. Both parties later filed applications under Section 26 of the Act seeking to modify the …

SMT. POONAMversusSUMIT TANWAR

2010 INSC 161Dismissed

The petitioners, married on 30‑Nov‑2008, filed a dissolution suit under Section 13‑8(1) of the Hindu Marriage Act, 1955. The Delhi Family Court ordered them to wait six months before filing a second motion under Section 13‑8(2). The wife filed a writ petition under Article 32 of the Constitution …

MANISHA TYAGIversusDEEPAK KUMAR

2010 INSC 93Appeal(s) allowed

The wife (Manisha Tyagi) appealed a High Court Division Bench order that granted her husband (Deepak Kumar) a decree of divorce on the ground of cruelty under Section 13(1)(i‑a) of the Hindu Marriage Act, 1955. The trial court and the High Court Single Judge had found both parties at fault and …

RAVI KUMARversusJULMIDEVI

2010 INSC 92Dismissed

The husband filed a divorce petition on the grounds of cruelty and desertion; the trial court granted the decree, but the High Court, exercising its power under Section 28 of the Hindu Marriage Act, set aside the decree. On appeal, the Supreme Court held that the High Court, as the first appellate …

MANISH GOELversusROHINI GOEL

2010 INSC 82Dismissed

Manish Goel and Rohini Goel married in July 2008 and separated shortly thereafter. The husband filed an annulment suit under Section 12 of the Hindu Marriage Act in Gurgaon, while the wife filed a domestic‑violence petition in Delhi. They later filed a mutual‑consent divorce petition under Section …

ANIL KUMAR JAINversusMAYA JAIN

2009 INSC 1101Appeal(s) allowed

Anil Kumar Jain and Maya Jain, married in 1985, filed a joint petition for mutual divorce under Section 13‑B of the Hindu Marriage Act in 2004. After the statutory six‑month period, the wife withdrew her consent, stating she did not want the marriage dissolved, leading the trial court and the High …

CHALLAMMAversusTILAGA & ORS.

2009 INSC 990Dismissed

The deceased K.T. Subramanya had taken four life insurance policies naming his mother, Challamma, as nominee. After his death, his alleged wife Tilaga and their two children applied for a succession certificate under Section 372 of the Succession Act, 1925, claiming the deceased was married to …

M. YOGENDRA & ORS.versusLEELAMMA N. & ORS

2009 INSC 962Appeal(s) allowed

K. Doddananjundaiah, a coparcener, had three daughters by his first wife and a son Dinesh by a second wife Yashodamma. After K's death, the daughters (appellants) claimed a one‑third share of the partitioned property, contending that the second marriage was void and that Dinesh, born after the Hindu …

BHASKAR LAL SHARMA & ANR.versusMONICA

2009 INSC 949Appeal(s) allowed

The Supreme Court heard an appeal by Bhaskar Lal Sharma and Vimla Sharma against a Delhi High Court order that quashed a summoning order issued under Sections 498A, 403, 405, 406 and 34 of the IPC. The Court examined the complaint filed by Monica, the wife of Vikas Sharma, and found that the …

SMRUTI PAHARIYAversusSANJAY PAHARIYA

2009 INSC 783Disposed off

The wife filed a joint petition for divorce by mutual consent under Section 138 of the Hindu Marriage Act, 1955. After the mandatory six‑month waiting period expired on 19‑Nov‑2007, the husband was absent on three successive dates (19‑Nov, 1‑Dec and 4‑Dec). The Family Court, without being satisfied …

MITALIversusDABABRATA

2009 INSC 600Disposed off

The wife filed a transfer petition in the Supreme Court seeking to move a divorce suit under Section 13(1)(a) of the Hindu Marriage Act, pending in Delhi, to a court in Nagpur. The parties subsequently reached a settlement wherein they agreed to file a joint petition under Section 13(8) for divorce …

VISHNU DUTT SHARMAversusMANJU SHARMA

2009 INSC 288Dismissed

The husband filed a petition for divorce under the Hindu Marriage Act, 1955, alleging cruelty by his wife. The trial court, and subsequently the High Court, found that the wife was the victim of cruelty and that the husband could not establish cruelty on her part. The husband also sought divorce on …

AVIRAL BHATLAversusBHAWNA BHATLA

2009 INSC 215Disposed off

The husband filed transfer petitions seeking to move several matrimonial and criminal matters pending before the Family Court, Gwalior, to this Court. The parties, married in 2006, had been living separately since 2007 and were involved in multiple proceedings including a petition under Section 13 …

RAJESHversusSTATE OF RAJASTHAN AND ANR.

2009 INSC 63Disposed off

The petitioner, Rajesh, sought transfer of a criminal case (FIR No.352 dated 7‑12‑2005) under Sections 406, 498A read with Section 34 IPC, pending in the Judicial Magistrate First Class, Chittorgarh, to a court in Hissar. The matter was posted before the Supreme Court Lok Adalat on 6‑12‑2008, where …

GULLIPILLI SOWRIA RAJversusBANDARU PAVANI @ GULLIPILI PAVANI

2008 INSC 1399Dismissed

The appellant, a Roman Catholic Christian, married the respondent, a Hindu, in a temple according to Hindu customs and later registered the marriage under Section 8 of the Hindu Marriage Act, 1955. The respondent filed a petition under Section 12(1)(c) seeking a decree of nullity, alleging the …

GAURAV NAGPALversusSUMEDHA NAGPAL

2008 INSC 1324Dismissed

The father, Gaurav Nagpal, had retained custody of his minor child after allegedly kidnapping and confining the mother, Sumedha Nagpal, and repeatedly violating court orders. The mother filed an application under Section 6 of the Hindu Minority and Guardianship Act, 1956 and Section 25 of the …

SUMAN KAPURversusSUDHIR KAPUR

2008 INSC 1281Disposed off

The husband filed a petition for divorce under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, alleging mental cruelty and desertion, which the trial court upheld on the ground of mental cruelty and the High Court confirmed. The wife appealed, contending that the alleged acts did not …

RAJESH BURMANNversusMITUL CHATTERJEE (BURMAN)

2008 INSC 1240Dismissed

The husband appealed against a High Court order directing him to reimburse his wife’s medical expenses incurred after she fell down the stairs. The wife had filed an application under Section 151 of the CPC in a pending matrimonial suit under the Special Marriage Act, 1954, seeking medical …

DURGESH SHARMAversusJAYSHREE

2008 INSC 1096Disposed off

The husband filed a divorce petition under the Hindu Marriage Act in the Family Court at Ujjain. The wife applied to the Madhya Pradesh High Court under Section 23 of the Code of Civil Procedure (CPC) to have the case transferred to a court in Malegaon, Maharashtra, and the High Court ordered the …

NIL RATAN KUNDU & ANR.versusABHIJIT KUNDU

2008 INSC 920Case Allowed

The case concerned an application by the father, Abhijit Kundu, for custody of his six‑year‑old son Antariksh, while the child was in the care of his maternal grandparents who had lodged an FIR against the father under Sections 498A and 304 IPC for the alleged murder of the mother. The trial court …

SATISH SITOLEversusSMT. GANGA

2008 INSC 806Disposed off

Satish Sitole and Smt. Ganga were married on 22 May 1992. The wife left the matrimonial home in August 1994 and the parties lived apart for 14 years, during which they filed multiple suits including a dowry complaint under IPC 498‑A and a petition for divorce under Sections 13(1)(ia) and (ib) of the …

M. SARAVANA PORSELVIversusA.R. CHANDRASHEKAR @ PARTHIBAN & ORS.

2008 INSC 739Dismissed

The wife and husband entered into a registered customary divorce agreement in 1996, with the wife receiving permanent alimony. The husband remarried in 1998, and ten years later the wife filed a complaint alleging cruelty under Section 498A IPC and bigamy under Section 494 IPC, leading to an FIR. …

JAGDISH SINGHversusMADHURI DEVI

2008 INSC 536Case Allowed

The husband filed a petition for divorce under Section 13 of the Hindu Marriage Act, 1955 on the grounds of desertion and cruelty. The Family Court examined the evidence in detail and granted the decree of divorce. The wife appealed, and the High Court set aside the Family Court's decree, holding …

CHAND PATELversusBISMILLAH BEGUM AND ANR.

2008 INSC 364Dismissed

Chand Patel was married to Bismillah Begum, the sister of his first wife, while the first marriage was still subsisting. Bismillah Begum and her minor daughter sought maintenance under Section 125 of the Code of Criminal Procedure. The lower courts held that the marriage, though irregular, continued …

SMT. SEEMAversusASHWANI KUMAR

2007 INSC 1103Directions issued

The Supreme Court revisited its earlier order of 14 February 2006 directing that all marriages in India be compulsorily registered. After hearing amicus curiae and examining compliance reports, the Court found that several states (Andhra Pradesh, Bihar, Chhattisgarh, Goa, Himachal Pradesh, …

PRATIBHAversusRAMESHWARI DEVI AND ORS.

2007 INSC 929Case Partly allowed

The appellant, a wife, filed an FIR under Sections 498A and 406 IPC alleging dowry harassment and cruelty after leaving her matrimonial home. The husband filed a divorce petition, and the respondents moved the High Court to quash the FIR under its inherent power under Section 482 of the Cr.P.C. The …

USHA BALASAHEB SWAMI AND ORS.versusKIRAN APPASO SWAMI AND ORS.

2007 INSC 436Appeal(s) allowed

The suit concerned partition of ancestral property where the plaintiff claimed a half‑share. The defendants, in their written statement, admitted the plaintiff’s entitlement but later sought to amend the statement to allege that the plaintiff and certain co‑defendants were illegitimate children and …

SAMARGHOSHversusJAYA GHOSH

2007 INSC 338Disposed off

The case involved two senior IAS officers who married under the Special Marriage Act in 1984. The wife unilaterally decided not to have children, refused cohabitation, neglected her husband during illness, insulted him and eventually forced him out of their home, leading to a separation that lasted …

SMT. MAYADEVIversusJAGDISH PRASAD

2007 INSC 184Dismissed

The Supreme Court upheld the decree of divorce granted to the husband on the ground of cruelty under the Hindu Marriage Act, 1955. The husband alleged that his wife repeatedly demanded money, denied food, threatened him and the children, and physically abused the children, culminating in the death …

JAGRAJ SINGHversusBIRPAL KAUR

2007 INSC 130Dismissed

Jagraj Singh married Birpal Kaur in 1993; the wife later filed for divorce under Section 13 of the Hindu Marriage Act alleging desertion and cruelty. The trial court ruled it lacked territorial jurisdiction but nonetheless decided the merits, denying divorce. The High Court, invoking Section 23(2) …

SUJATA UDAY PATILversusUDAY MADHUKAR PATIL

2006 INSC 1004Disposed off

Suja Uday Patil (wife) appealed against the decree of divorce granted to her husband, Uday Madhukar Patil, on the grounds of cruelty and desertion under the Hindu Marriage Act. The trial court had initially ordered judicial separation, but the District Judge later dissolved the marriage and awarded …

SANGHAMITRA GHOSHversusKAJAL KUMAR GHOSH

2006 INSC 864Disposed off

Sanghamitra Ghosh filed a transfer petition seeking to move a matrimonial suit for restitution of conjugal rights to Bangalore, alleging physical and mental torture by her husband Kajal Kumar Ghosh and his parents, and claiming she was driven out of the marital home with their minor child. Both …

BHOGADI KANNABABU AND ORS.versusVUGGINA PYDAMMA AND ORS.

2006 INSC 322Dismissed

The appellant tenants, nephews of the deceased landowner Suryanarayana, occupied several acres of land in Vishakhapatnam district. After the death of Suryanarayana's first wife Chilakamma, the second wife Pydamma claimed ownership and filed an eviction suit under the Andhra Pradesh Tenancy Act …

VINIT SAXENAversusPANKAJ PANDIT

2006 INSC 158Appeal(s) allowed

Vinita Saxena married Pankaj Pandit in 1993, but the marriage lasted only five months and was never consummated because the husband suffered from paranoid schizophrenia, rendering him incapable of performing matrimonial duties. The wife alleged mental and physical cruelty, including abuse by the …

NAVEEN KOHLIversusNEELU KOHLI

2006 INSC 157Appeal(s) allowed

The husband, Naveen Kohli, filed a petition for divorce under the Hindu Marriage Act, 1955 on the ground of cruelty, alleging that his wife, Neelu Kohli, was bad‑tempered, engaged in indecent conduct, transferred property to herself, and repeatedly harassed him through criminal and civil complaints. …

SMT. SEEMAversusASHWANI KUMAR

2006 INSC 83

The Supreme Court, hearing a transfer petition concerning a matrimonial suit, observed that the lack of official marriage records in many States enables unscrupulous persons to deny the existence of marriages, adversely affecting women and children. It noted that while several States have rules for …

M.M. MALHOTRAversusUNION OF INDIA AND ORS.

2005 INSC 473Dismissed

M.M. Malhotra, a permanent commission officer of the Indian Air Force, was married to Roopa (Ruby) Malhotra under Hindu rites. The complainant alleged that Malhotra had an illicit relationship and had contracted a second marriage with Miss Anna Suja John, and that he brutally tortured Roopa. A …

RUMA CHAKRABORTYversusSUDHA RANI BANERJEE AND ANR.

2005 INSC 475Dismissed

The landlady filed an eviction suit against the tenant for sub‑letting without consent; the tenant had left the premises and his divorced wife, Ruma Chakraborty, remained only as custodian of their minor children. Chakraborty sought to be impleaded as a party defendant under Order I Rule 10(2) CPC, …

DURGA PRASANNA TRIPATHYversusARUNDHATL TRIPATHY

2005 INSC 370Appeal(s) allowed

Durga Prasanna Tripathy married Arundhati Tripathy on 5 March 1991. The wife left the matrimonial home in October 1991 and the parties lived apart for about 14 years. The husband filed a petition for divorce under Section 13(1) of the Hindu Marriage Act, alleging cruelty and desertion. The Family …

BHAGWAN DASS AND ANR.versusKAMAL ABROL AND ORS.

2005 INSC 273Disposed off

The Supreme Court examined an appeal concerning the allotment of a LPG dealership in Kangra district, Himachal Pradesh. The eligibility notice required the applicant to be a "resident" of Kangra, but the respondent argued that her marital connection to a husband owning property there satisfied the …

RAMESH CHAND DAGAversusRAMESHWARI BAI

2005 INSC 149Appeal(s) allowed

The wife obtained a judicial separation decree directing the husband to return ornaments worth Rs. 3,25,655 within one month, with a conditional order that if he failed to do so he would pay the value plus 9% interest per annum. The husband returned the ornaments after a delay but within a …

B.P. ACHALA ANANDversusS. APPI REDDY AND ANR.

2005 INSC 73Dismissed

The case concerned an eviction suit filed by a landlord under the Karnataka Rent Control Act against a tenant, H.S. Anand, who had deserted his wife, B.P. Achala Anand, leaving her in the tenanted matrimonial home. The wife sought to be impleaded and to contest the eviction, arguing that she …

RAMESH CHANDRA RAMPRATAPJI DAGAversusRAMESHWARI RAMESH CHANDRA DAGA

2004 INSC 711Dismissed

The wife, who had a prior marriage that was never dissolved by a court decree, married the appellant after his first wife's death. The husband filed a suit to declare the second marriage void under Section 5(i) and Section 11 of the Hindu Marriage Act, while the wife sought judicial separation and …

A JAYACHANDRAversusANEEL KAUR

2004 INSC 689Appeal(s) allowed

The husband filed a petition under Section 13 of the Hindu Marriage Act, 1955 seeking divorce on the ground of mental cruelty, alleging that his wife used abusive language, made false accusations of adultery and caused him severe emotional distress. The Family Court found mental cruelty but granted …

SUBRAMANI AND ORS.versusM. CHANDRALEKHA

2004 INSC 669Dismissed

The respondent, M. Chandralekha, filed a suit for partition and possession of her late father‑in‑law's properties, claiming a share as the wife of the deceased Kandasamy. She produced a registered maintenance release deed that contained a recital stating that their marriage was dissolved under the …

KUNTI DEVIversusSOM RAJ AND ANR.

2004 INSC 542Leave Granted & Disposed off

Kunti Devi (wife) filed a criminal complaint under Section 494 read with Section 109 of the Ranbir Penal Code alleging that her husband Som Raj contracted a second marriage while the first marriage was still subsisting. The High Court, relying on Krishna Gopal Divedi v. Prabha Divedi, quashed the …

KUMAR V. JAHGIRDARversusCHETHANA RAMATHEERTHA

2004 INSC 69Disposed off

After a mutual consent divorce under the Hindu Marriage Act, 1955, the mother remarried a famous cricketer and sought exclusive custody of their 9‑year‑old daughter. The Family Court awarded custody to the father, but the Karnataka High Court reversed that decision, granting the mother exclusive …

REEMA AGGARWALversusANUPAM AND ORS.

2004 INSC 25Appeal(s) allowed

Reema Aggarwal married Anupam while his first wife was alive and was subsequently harassed for dowry by Anupam, his parents and brother, who forced her to ingest poison. She reported the incident and the accused were charged under IPC Sections 307 (attempt to murder) and 498A (dowry harassment). The …

VIJAY KUMAR RAMA CHANDRA BHATEversusNEELA VIJAY KUMAR BHATE

2003 INSC 236Dismissed

The wife filed a petition for dissolution of marriage under Section 13(1)(i‑a) of the Hindu Marriage Act, alleging cruelty by the husband. In his written statement the husband accused the wife of unchastity and an extramarital relationship, but later withdrew those allegations. The trial court …

SHARDAversusDHARMPAL

2003 INSC 189Dismissed

The husband filed for divorce under Sections 12(1)(b) and 13(1)(iii) of the Hindu Marriage Act, seeking a court order that his wife undergo a medical examination to determine unsoundness of mind. The District Judge ordered the examination, the High Court dismissed the revision, and the wife appealed …

JINIA KEOTIN AND ORS.versusKUMAR SITARAM MANJHI AND ORS.

2002 INSC 576Dismissed

In a partition suit over ancestral coparcenary property, the children of a second wife (Jinia Keotin) born from a marriage that was void under the Hindu Marriage Act, 1955 claimed a share in the property. The trial court and the High Court allowed them a share only in the parents' property, invoking …

G.V.N. KAMESWARA RAOversusG. JABILLI

2002 INSC 17Appeal(s) allowed

G.V.N. Kameswara Rao, a double‑doctorate holder working abroad, married G. Jabilli in 1979. Their marriage quickly became strained, with the wife returning to India and the couple living apart for years. Rao filed a petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955, alleging mental …

SAVITRI PANDEYversusPREM CHANDRA PANDEY

2002 INSC 5Dismissed

The Supreme Court examined an appeal by Savitri Pandey and her husband P.C. Pandey challenging a High Court order that set aside a Family Court decree of divorce on the grounds of desertion and cruelty. The wife had alleged that her husband had subjected her to cruelty and had deserted her after …

ADHYATMA BHATIAR ALWARversusADHYATMA BHATIAR SRI DEVI

2001 INSC 560Appeal(s) allowed

Adhyatma Bhattar Alwar filed a petition for divorce under Section 13(1)(ib) of the Hindu Marriage Act, 1955, alleging that his wife, Sri Devi, had deserted him for more than two years after the birth of their child. The wife claimed she stayed with her parents because her father‑in‑law made indecent …

S. NAGALINGAMversusSIVAGAMI

2001 INSC 413Dismissed

The appellant, S. Nagalingam, was first married to Sivagami on 6 September 1970. While that marriage subsisted, he contracted a second marriage with Kasturi on 18 June 1984 in a temple in Tamil Nadu, where garlanding and tying of the thali were performed. The trial court acquitted him, holding that …

R. LAKSHMI NARAYANversusSANTHI

2001 INSC 241Dismissed

The husband filed a petition under Section 5(ii) read with Section 12(1)(b) of the Hindu Marriage Act seeking a declaration that his marriage was null and void because his wife allegedly suffered a chronic, incurable mental disorder and refused cohabitation. The trial court dismissed the petition …

CHETANDASSversusKAMLA DEVI

2001 INSC 214Dismissed

Chetan Dass married Kamla Devi in 1976 and, after about two years, filed for divorce under Section 13 of the Hindu Marriage Act, which was dismissed when the couple's relations improved. The wife later lodged a criminal complaint alleging the husband’s illicit relationship with a nurse, prompting …

HIRACHAND SR!NIVAS MANAGAONKARversusSUNANDA

2001 INSC 153Dismissed

In a marriage governed by the Hindu Marriage Act, the wife obtained a decree of judicial separation on the ground of the husband's adultery, and the husband was ordered to pay maintenance to his wife and daughter, which he failed to do. The husband later filed a petition for divorce under Section …

DR. SURAJMANI STELLA KUJURversusDURGA CHARAN HANSDAH AND ANR.

2001 INSC 89Dismissed

The appellant, a member of the Oraon tribe, alleged that her husband, a Santhal, contracted a second marriage while their first marriage subsisted, and filed a criminal complaint for bigamy under Section 494 of the IPC. The trial magistrate dismissed the complaint for lack of evidence of any tribal …

LILY THOMAS, ETC. ETCversusUNION OF INDIA AND ORS.

2000 INSC 293Dismissed

The Supreme Court dismissed a review petition and several writ petitions filed by Lily Thomas and others seeking to set aside the earlier judgment in Sarla Mudgal’s case, which held that a Hindu husband who converts to Islam without dissolving his first marriage commits bigamy under Section 494 IPC. …

PADMJA SHARMAversusRATAN LAL SHARMA

2000 INSC 160Case Partly allowed

The wife, a government lecturer, filed a petition under Section 13 of the Hindu Marriage Act for divorce and sought maintenance for her two minor sons under Section 125 of the CrPC and Section 26 of the Hindu Marriage Act. The Family Court granted modest maintenance and custody to the mother, which …

ROHTASH SINGHversusSMT. RAMENDRI AND ORS.

2000 INSC 115Dismissed

The husband obtained a decree of divorce on the ground of desertion, but the wife filed an application for maintenance under Section 125 of the Code of Criminal Procedure during the pendency of the divorce suit. The Family Court allowed the maintenance despite being aware of the pending divorce …

SARITA SHARMAversusSUSHIL SHARMA

2000 INSC 82Appeal(s) allowed

Sarita Sharma and Sushil Sharma, married in 1988, were involved in divorce proceedings in a Texas court which intermittently granted custody of their two minor children to the father and limited the mother to visitation. While the divorce was pending, the mother exercised her visitation rights and …

RAMESHW ARI DEVIversusSTATE OF BIHAR

2000 INSC 31Dismissed

The case concerned the entitlement to family pension and death‑cum‑retirement gratuity of a deceased government employee who had two wives. The first wife, Rameshwari Devi, claimed the benefits for herself and her son, while the second wife, Yogmaya Devi, claimed benefits for herself and her four …