The Supreme Court has upheld a decree of divorce granted on the grounds of cruelty and desertion, while simultaneously enhancing the financial support awarded to the wife by converting a lump sum maintenance into a structured monthly payment.
The Bench of Justice Vikram Nath and Justice Sandeep Mehta, arose from an appeal challenging the decision of the Jharkhand High Court, which had affirmed the divorce granted by the Family Court in Bokaro.
The parties were married in 2002 and had two children from the wedlock. Over time, matrimonial disputes emerged, with the wife alleging harassment and cruelty, including dowry-related issues. Conversely, the husband accused the wife of abusive behavior, persistent conflicts, and causing mental and physical harassment.
Litigation between the parties escalated, culminating in a divorce petition filed by the husband under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955, citing cruelty and desertion.
The Family Court, after evaluating oral and documentary evidence, concluded that the husband had successfully established both cruelty and desertion. It noted repeated quarrels, strained family relations, and the wife’s failure to take steps toward restitution of conjugal rights or custody of the children.
The High Court, on appeal, affirmed these findings. It relied on several factors, including an undertaking by the wife to maintain cordial relations, testimony of the parties’ son supporting allegations of cruelty, and the wife’s own statements regarding the children.
The Supreme Court declined to interfere with the concurrent findings of fact recorded by the lower courts, emphasizing that such findings were based on proper appreciation of evidence and did not suffer from perversity.
The Court also took note of the prolonged separation between the parties since 2018, observing that the matrimonial bond had irretrievably broken down, leaving no possibility of reconciliation.
While upholding the divorce, the Court addressed the issue of financial support to the wife. The Family Court had awarded a one-time lump sum maintenance of ₹6,00,000. However, considering the need for sustained financial security, the Supreme Court modified the relief and directed the husband to pay Rs. 10,000 per month as maintenance from the date of the judgment.
Case Details
Case Title: Mamta Devi Versus Sanjay Kumar
Citation: JURISHOUR-713-SC-2026
Case No.: Special Leave Petition (Civil) No. 20325 Of 2024
Date: 10/04/2026
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