MAMTA DEVI versus SANJAY KUMAR

MAMTA DEVI versus SANJAY KUMAR

The appellate courts correctly upheld the Family Court's findings that the appellant's conduct amounted to cruelty and that the respondent had established desertion under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act; the prolonged separation since 2018 showed the matrimonial bond had broken down beyond repair, and there was no perversity in the findings of fact, therefore the decree of divorce was affirmed, with maintenance modified to Rs.10,000 per month payable by the respondent to the appellant from the date of the Supreme Court order.

Parties
Appellant (wife): Mamta Devi; Respondent (husband): Sanjay Kumar
Jurisdiction
India
Judgment Date
10 April 2026
Procedural Posture
Civil Appeal (civil Appeal No. 4391 of 2026) / Appeal to the Supreme Court From High Court Judgment; Final Hearing and Disposal by Supreme Court
Outcome
Appeal disposed of; decree of divorce granted to respondent affirmed; maintenance modified.
Legal Topics
Divorce, Cruelty, Desertion, Maintenance, Custody, Restitution of Conjugal Rights
Family Law Hindu Marriage Act Civil Appeal Divorce Cruelty Desertion Maintenance Custody +1 more

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Parties

Mamta Devi

Appellant (wife)

Sanjay Kumar

Respondent (husband)

Procedural Posture

Civil Appeal (civil Appeal No. 4391 of 2026) / Appeal to the Supreme Court From High Court Judgment; Final Hearing and Disposal by Supreme Court

Legal Issues

  1. 1 Whether the conduct of the appellant amounted to cruelty under Section 13(1)(ia) of the Hindu Marriage Act
  2. 2 Whether the respondent established desertion under Section 13(1)(ib) of the Hindu Marriage Act
  3. 3 Whether the matrimonial bond had broken down beyond repair and cohabitation could be resumed

Ratio Decidendi

The appellate courts correctly upheld the Family Court's findings that the appellant's conduct amounted to cruelty and that the respondent had established desertion under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act; the prolonged separation since 2018 showed the matrimonial bond had broken down beyond repair, and there was no perversity in the findings of fact, therefore the decree of divorce was affirmed, with maintenance modified to Rs.10,000 per month payable by the respondent to the appellant from the date of the Supreme Court order.

Court Disposition

Appeal disposed of; decree of divorce granted to respondent affirmed; maintenance modified.

Orders

  • Decree of divorce granted to the respondent affirmed.
  • Respondent directed to pay the appellant Rs.10,000 per month towards maintenance, payable from the date of this order.