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Hindu Marriage Act, 1955

444 judgments · newest first · showing 401–444

S. HANUMANTHA RAOversusS. RAMANI

1999 INSC 143Dismissed

The husband filed a petition for divorce on the grounds of mental cruelty and desertion, alleging that his wife removed and threw her mangalsutra, preserved copies of letters she had written to him, and sought the intervention of the Women Protection Cell under IPC 498A. The trial court granted …

MR.'X'versusHOSPITAL Z

1998 INSC 374Dismissed

The appellant, a doctor who tested HIV‑positive, had his status disclosed by Hospital Z when he was about to marry Ms. Y, leading to social ostracism. He filed a consumer complaint seeking damages for breach of medical confidentiality and violation of his right to privacy under Article 21. The …

BALWINDER KAURversusHARDEEP SINGH

1997 INSC 738Appeal(s) allowed

Balwinder Kaur married Hardeep Singh under Sikh rites and later filed a divorce petition on grounds of cruelty and desertion. The husband did not appear, and the District Judge granted an ex‑parte decree of divorce. The wife appealed to the High Court under Section 28 of the Hindu Marriage Act, …

BALKRISHNA RAMCHANDRA KADAMversusSANGEETA BALKRISHNA KADAM

1997 INSC 641Disposed off

The husband and wife married and later the wife sought judicial separation, maintenance and relief under Section 27 of the Hindu Marriage Act for jewellery and other property she claimed were given at or about the time of marriage. The husband filed for divorce on grounds of cruelty, which was …

SMT. JASBIR KAUR SEHGALversusTHE DISTRICT JUDGE DEHRADUN AND ORS.

1997 INSC 620Appeal(s) allowed

The wife, Jasbir Kaur Sehg al, filed for divorce and, having no income, was supporting her eldest unmarried daughter. She applied for maintenance pendente lite under Section 24 of the Hindu Marriage Act, which the High Court had enhanced to Rs 1500 per month. The Supreme Court examined whether …

ASHOK HURRAversusRUPA BIPIN ZAVERI

1997 INSC 245Disposed off

The husband and wife, married in 1970, lived separately from 1983 and filed a joint petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act in 1984. The husband later moved a sole application for decree, while the wife withdrew her consent after the statutory 18‑month …

AHMEDABAD WOMEN ACTION GROUP AND ORS. ETC.versusUNION OF INDIA

1997 INSC 185Dismissed

The Supreme Court dismissed three public‑interest writ petitions that sought to declare various provisions of Muslim, Hindu and Christian personal laws unconstitutional. The petitioners argued that polygamy, unilateral talaq, and discriminatory inheritance rules violated Articles 13, 14 and 15 of …

SMT. RASHMI KUMARversusMARESH KUMAR BHADA

1996 INSC 1507Appeal(s) allowed

The wife, Rashmi Kumar, married under Hindu rites, received jewellery, cash and household goods as stridhana from her family and entrusted them to her husband for safekeeping. After being driven out of the matrimonial home, she demanded the return of the stridhana on 5‑December‑1987, which the …

SMT. YALLAWWversusSMT. SHANTAVVA

1996 INSC 1163Disposed off

Basappa filed a divorce petition under Section 13(1)(i‑b) of the Hindu Marriage Act and obtained an ex‑parte decree on 15‑12‑1989. Basappa died on 26‑05‑1990; the wife, Shantavva, claimed she only learned of the decree on 31‑03‑1990 and was not properly served, filing an application under Order IX …

M. GOVINDARAJUversusK. MUNISAMI GOUNDER (D) AND ORS.

1996 INSC 880Appeal(s) allowed

The Supreme Court heard the appeal of M. Govindaraju, who sought a one‑seventh share in his father's joint Hindu family property. Govindaraju was born to Pappammal, who had earlier been married to Koala Gounder but left his house in 1942‑43 and thereafter lived with Munisami Gounder, the father of …

SMT. GURNAM KAUR AND ANR.versusPURAN SINGH AND ORS.

1996 INSC 210Appeal(s) allowed

The appeal concerned whether the appellant, a daughter of Ram Singh and Gurnam Kaur, was a legitimate child despite Gurnam Kaur's earlier marriage not being legally dissolved. Earlier courts had held the child illegitimate because the prior marriage was void under Section 11 of the Hindu Marriage …

MUTHUSWAMI NADAR AND ORS.versusRAMAKRISHNAN NADAR AND ORS.

1995 INSC 811Appeal(s) allowed

The appellants filed a partition suit based on three sale deeds executed by Rosammal and Mariammal in their favour. The respondents challenged the deeds, arguing that the vendors' mother, Kochammal, could not inherit her son Kumaraswami's share because she was allegedly a Christian, rendering the …

PRAMLLAversusRAMESHWAR AND ANR.

1995 INSC 686Disposed off

The wife appealed to the Supreme Court under Section 13‑B of the Hindu Marriage Act, seeking a decree of divorce by mutual consent and alimony. The parties, at the Court's suggestion, agreed that the husband would pay the wife Rs 700 per month starting 1 November 1995, with payment due by the 5th of …

SMT. VANAMALAversusSHRI H.N. RANGANATHA BHATIA

1995 INSC 425Appeal(s) allowed

The appellant, a woman who obtained a divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, later filed an application for maintenance under Section 125 of the Code of Criminal Procedure. The trial magistrate dismissed the application, holding that a divorcee could not claim …

SMT. SARLA MUDGAL, PRESIDENT, KALYANI AND ORS.versusUNION OF INDIA AND ORS.

1995 INSC 363Disposed off

The petitioners, Hindu wives, challenged the validity of their husbands' second marriages after the husbands converted to Islam without dissolving the first Hindu marriage. The Court examined whether conversion to Islam permits a Hindu husband to contract a second marriage, whether such a marriage …

PREETI SINGHversusSANDEEP SINGH AND ORS.

1995 INSC 295

The Supreme Court considered a petition for divorce by mutual consent filed by Preeti Singh and Sandeep Singh under Section 13(b) of the Hindu Marriage Act. The parties had reached a compromise in which the respondent paid Rs. 1.5 lakhs to the petitioner, deposited Rs. 1.25 lakhs and Rs. 30,000 in …

ROMESH CHANDERversusSMT. SAVITRI

1995 INSC 31Disposed off

The appellant, a sanitary inspector, and the respondent, a teacher, were married for 25 years and have an adult child. The appellant previously faced a desertion suit, and the present appeal arose from a cruelty petition where the respondent alleged the appellant's immoral conduct, which was not …

ARVINDER SINGHversusSTATE OF U.P. AND ORS.

1994 INSC 449Disposed off

Arvinder Singh filed a writ petition under Article 32 alleging that he, his wife Nidhi, and other family members were illegally detained, assaulted, and tortured by police officers in Bareilly, Uttar Pradesh. The District Judge conducted an inquiry, examined witnesses and concluded that the police …

SMT. LAXMI DEVIversusSATYA NARAYAN AND ORS.

1994 INSC 307

The appellant, Laxmi Devi, alleged that her husband, Satya Narayan, had contracted a second marriage, constituting an offence under Section 494 of the Indian Penal Code. The trial court held that the prosecution failed to prove the essential Hindu marriage rite of Saptapadi, which is required to …

V. BHAGATversusMRS. D. BHAGAT

1993 INSC 374

The husband, a Supreme Court advocate, filed a divorce petition on the ground of adultery, which the wife denied and countered by alleging his mental instability. He later amended the petition to include mental cruelty, relying on the wife's written statements that labeled him a lunatic and on …

SURJIT KAURversusGARJA SINGH AND ORS.

1993 INSC 345

The plaintiffs, heirs of the deceased Gulaba Singh, sued Surjit Kaur for possession of his property, claiming they were the nearest heirs under a will. Surjit Kaur counter‑claimed that she was Gulaba Singh's legally wedded wife under a Karewa form of marriage and that they lived as husband and wife. …

SMT. CHANDRAKALA TRIVEDIversusDR. S.P. TRIVEDI

1993 INSC 275Dismissed

The husband filed a petition for divorce on the ground of cruelty under Section 13(1)(a) of the Hindu Marriage Act. The Matrimonial Court dismissed the petition, but the Bombay High Court Division Bench granted a decree of divorce. The wife appealed to the Supreme Court, contending that the High …

SMT. CHAND DHAWANversusJAWAHARLAL DHAWAN

1993 INSC 216

Chand Dhawan (wife) appealed against the Punjab & Haryana High Court’s order dismissing her claim for permanent alimony under Section 25 of the Hindu Marriage Act and also setting aside the maintenance pendente lite granted under Section 24. The wife had filed a petition for permanent alimony and …

JEET SINGH ETC.versusSTATE OF U.P. AND ORS.

1992 INSC 323Dismissed

The appellants, Jeet Singh (who had two wives) and his first wife Mayawati, challenged the inclusion of two plots transferred to Mayawati in Jeet Singh's land holding under the U.P. Imposition of Ceiling on Land Holdings Act, 1960, arguing that Mayawati was a "judicially separated" wife and …

ANITA LAXMI NARAYAN SINGHversusLAXMI NARAIN SINGH

1992 INSC 86Appeal(s) allowed

Anita Laxmi Narayan Singh married Laxmi Narain Singh in 1987. The husband filed a divorce petition under Section 13 of the Hindu Marriage Act in Bombay. The wife, residing in Ghaziabad, had to travel long distances to defend herself and applied for interim maintenance and travel expenses. The …

DARSHAN PRASHAD AND ANR.versusCIVIL JUDGE II, GORAKHPUR AND ORS.

1992 INSC 82Dismissed

The appellants, Darshan Prashad and his wife Smt. Saraswati Devi, challenged a notice issued under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (as amended by Act No.20 of 1976) that sought particulars of land held by them and their family. They argued that the wife, …

Y. NARASIMHA RAO AND ORS.versusY. VENKATA LAKSHMI AND ANR.

1991 INSC 142Dismissed

The first appellant, married under Hindu law, obtained a divorce decree from a Missouri court on the ground of "irretrievable breakdown" after claiming a 90‑day residence in Missouri, while the parties had actually last lived together in Louisiana. The respondent contested the decree, arguing lack …

SMT. SURESHTA DEVIversusOM PRAKASH

1991 INSC 28Appeal(s) allowed

Sureshta Devi and Om Prakash filed a joint petition under Section 13‑B of the Hindu Marriage Act for divorce by mutual consent. The wife later applied to withdraw her consent, claiming it was obtained under pressure, and the District Court dismissed the petition. The High Court reversed that order, …

MAHARANI KUSUMKUMARI AND ANR.versusSMT. KUSUMKUMARI JADEJA AND ANR.

1991 INSC 21Dismissed

The Maharani, married to a Maharaja in 1960, sought to nullify that marriage after the Maharaja’s death in 1974, when the Maharaja’s mother’s relative (the respondent) claimed to have married the Maharaja believing his first marriage was dissolved. The respondent filed a petition under Section 11 of …

SMT. LATA KAMATversusVILAS

1989 INSC 104Appeal(s) allowed

The trial court declared the marriage between Smt. Lata and her husband Vilas null under Section 12(1)(d) of the Hindu Marriage Act because the wife was pregnant by another man. While the wife appealed, the husband remarried, and the lower courts held the appeal infructuous, dismissing it. The …

RAM NARAIN GUPTAversusSMT. RAMESHWARI GUPTA

1988 INSC 271Dismissed

The husband filed a suit for dissolution of marriage under Section 13(1)(iii) of the Hindu Marriage Act, alleging that his wife suffered from schizophrenia so severe that cohabitation was unsafe. The trial court granted a decree of divorce, but the Allahabad High Court reversed it, holding that the …

TEJINDER KAURversusGURMIT SINGH

1988 INSC 51Directions issued

The wife obtained a decree of dissolution of marriage on grounds of cruelty and appealed the decree, which was dismissed by the High Court on 16 July 1986. The husband subsequently contracted a second marriage on 17 August 1986, and the wife filed a Special Leave Petition (SLP) under Article 136 of …

BAKULBHAI AND ANR.versusGANGARAM & ANR.

1988 INSC 22Appeal(s) allowed

Bakulabai filed a Section 125 CrPC application for maintenance for herself and her son, claiming a lawful marriage with Ganga Ram, who denied the marriage and alleged prior existing marriages. The Judicial Magistrate granted maintenance, but the Sessions Judge reversed the decision; the High Court …

SMT. YAMUNABAI ANANTRAO ADHAVversusANANTRAO SHIVRAM ADHAV AND ANOTHER

1988 INSC 25Dismissed

Smt. Yamunabai married Anantrao Shivram Adhav in June 1974 while he already had a living wife. The marriage, performed under Hindu rites, was challenged for maintenance under Section 125 of the Criminal Procedure Code. The trial court and the Bombay High Court dismissed her claim. The Supreme Court …

SHOBHA RANIversusMADHUKAR REDDI

1987 INSC 329Appeal(s) allowed

Shobha Rani, a postgraduate, filed for divorce from her husband Madhukar Reddi on the ground of cruelty, alleging repeated dowry demands by the husband and his parents. The trial court and the Andhra Pradesh High Court dismissed her petition, holding that the demands did not amount to harassment and …

MS. JORDAN DIENGDEHversusS.S, CHOPRA

1985 INSC 138Disposed off

The wife, a Christian from the Khasi tribe and an Indian Foreign Service officer, married a Sikh husband under the Indian Christian Marriage Act, 1872. She filed a petition under the Indian Divorce Act, 1869 seeking a declaration of nullity or judicial separation on the ground of her husband's …

PRATIBHA RANIversusSURAJ KUMAR & ANR.

1985 INSC 50Appeal(s) allowed

Pratibha Rani, an estranged wife, filed a criminal complaint under s.406 IPC alleging that her husband Suraj Kumar, his father, brothers and brother‑in‑law had misappropriated her stridhan (dowry) worth Rs.60,000 that was entrusted to them at the time of marriage. The Punjab & Haryana High Court …

SMT. SAROJ RANIversusSUDARSHAN KUMAR CHADHA

1984 INSC 134Dismissed

The wife filed a suit under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights, and a consent decree was passed. After a year, the husband filed a petition under Section 13 for divorce, claiming that no cohabitation had occurred following the decree. The trial court …

RANI CHOUDHURYversusLT. COL. SURAJ JIT CHOUDHURY

1982 INSC 64Appeal(s) allowed

The wife filed a petition under Section 13 of the Hindu Marriage Act for divorce, and the trial court passed an ex‑parte decree in her favour on 6‑12‑1979. The husband appealed the decree under Section 96 of the CPC and sought condonation of delay under Section 5 of the Limitation Act, but the …

THRITY HOSHIE DOLIKUKAversusHOSHIAM SHAVAKSHA DOLIKUKA

1982 INSC 61Appeal(s) allowed

The Supreme Court considered the custody of an 11‑year‑old daughter, Gospi, of a divorced Parsi couple. The lower courts had awarded custody to the father, but the mother appealed, arguing that the child's welfare required her custody and continued education in a boarding school. The Court held that …

JEEWANTI PANDEYversusKISHAN CHANDRA PANDEY

1981 INSC 182Appeal(s) allowed

The wife (appellant) and husband (respondent) were married in Delhi and subsequently lived there, although both originally hailed from Bagyan, Uttar Pradesh. The husband filed a petition for nullity of marriage under section 12 of the Hindu Marriage Act in the District Court of Almora, claiming the …

GUDA VIJAYALAKSHMIversusGUDA RAMCHANDRA SEKHARA SASTRY

1981 INSC 68

Guda Vijayalakshmi (petitioner) filed a maintenance suit in Eluru, Andhra Pradesh, while her husband filed a divorce suit under the Hindu Marriage Act in Udaipur, Rajasthan. The petitioner sought transfer of the divorce suit to Eluru under Section 25 of the Code of Civil Procedure (CPC) so that both …

V.K.GUPTAversusNIRMALA GUPTA

1979 INSC 170Hearing Adjourned

In V.K. Gupta v. Nirmala Gupta, the husband filed a petition for divorce under Section 13(1)(b) of the Hindu Marriage Act. The Delhi High Court, both the single judge and the division bench, refused to dissolve the marriage. On appeal, the Supreme Court emphasized that the court's primary role in …