SUMAN SINGH versus SANJAY SINGH

SUMAN SINGH versus SANJAY SINGH

The incidents alleged were either isolated, general, or stale, largely predating 2006, and found to have been condoned by subsequent cohabitation. Isolated incidents, including the 2010 event, do not amount to cruelty. Accordingly, the respondent failed to establish cruelty for dissolution, while the appellant made out a case for restitution of conjugal rights.

Parties
Appellant (wife): Suman Singh; Respondent (husband): Sanjay Singh
Jurisdiction
India
Judgment Date
08 March 2017
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment Affirming Family Court Decree
Outcome
Appeals allowed. Divorce decree set aside; petition for divorce dismissed; restitution of conjugal rights granted to appellant.
Legal Topics
Divorce, Restitution of Conjugal Rights, Cruelty Under Hindu Marriage Act
Family Law Divorce Restitution of Conjugal Rights Cruelty Under Hindu Marriage Act

Case Brief

Summary, issues, holding and outcome

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Parties

Suman Singh

Appellant (wife)

Sanjay Singh

Respondent (husband)

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment Affirming Family Court Decree

Legal Issues

  1. 1 Whether isolated and stale incidents constitute mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act to grant divorce
  2. 2 Whether the appellant is entitled to restitution of conjugal rights

Ratio Decidendi

The incidents alleged were either isolated, general, or stale, largely predating 2006, and found to have been condoned by subsequent cohabitation. Isolated incidents, including the 2010 event, do not amount to cruelty. Accordingly, the respondent failed to establish cruelty for dissolution, while the appellant made out a case for restitution of conjugal rights.

Court Disposition

Appeals allowed. Divorce decree set aside; petition for divorce dismissed; restitution of conjugal rights granted to appellant.

Orders

  • The marriage subsists; decree for restitution of conjugal rights passed in favour of the appellant against the respondent.