Hindu Marriage Act, 1955

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 constitute mental cruelty and…

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 second marriage (pa…

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 Section 125 of the C…

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, holding that consent…

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 liabilities prescrib…

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 advances and she de…

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 amounted to mental cruelty…

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 had fabricated record…

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 Prohibition Act, and…

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 13(1)(ia) of the Hindu M…

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 parcel of land, shou…

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 also sought custody/v…

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 under Order 22 Rule…

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 parents in Mathura, …

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. The Court held that…

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 an application under …

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 Global International Scho…

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 alimony of Rs 75 lakhs…

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 Marriage Act. The Suprem…

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 13‑8(1) before the De…

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 appellant misrepresented …

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 to pay the full arre…

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 reimbursement. The Supreme Co…

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 Court and the High Cou…

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 disciplinary enquiry led …

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, claiming a right to …

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, many had not, resul…

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 appealed, contending t…

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 eventually granted, while…

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 matrimonial disputes i…

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 the welfare of the …

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 evidence unreliable a…

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 each month. The Cou…

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 of evidence, a deci…

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 09‑09‑2004. The appell…

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 wife later disclosed th…

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 only judicial separa…

The marriage between Dr. Sonal Talpada and Dr. Veerbhan Singh, solemnised in 2007, quickly deteriorated, with the parties cohabiting for only two to three months and living apart for about fifteen years thereafter. The husband filed a divorce petition in 2009 alleging cruelty, primarily the wife's persistent refusal to…

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 decree, and the husband’…

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 parents, or only to the…

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 Court to dismiss the …

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 dismissed the husban…

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 settlement between parties, …

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 for lack of proof; the…

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 initio, and affirmed t…

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 the Hindu Marriage …