Full Judgment Text
2026 INSC 346
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APELLATE JURISDICTION
CIVIL APPEAL NO. OF 2026
@ SPECIAL LEAVE PETITION (CIVIL) NO. 20325 OF 2024
MAMTA DEVI …APPELLANT
VERSUS
SANJAY KUMAR …RESPONDENT
J U D G M E N T
VIKRAM NATH, J.
1. Leave granted.
2. The appellant is aggrieved by the judgment and order
of the High Court of Jharkhand dated 04.10.2023
passed in F.A. No. 9/2023 whereby the High Court
1
dismissed the appeal preferred by the appellant-wife
and affirmed the judgment passed by the Family Court
2
granting divorce to the respondent-husband.
3. The relevant facts giving rise to the present appeal are
as follows:
Signature Not Verified
Digitally signed by
NEETU KHAJURIA
Date: 2026.04.10
15:48:08 IST
Reason:
1
Hereinafter referred to as ‘appellant’.
2
Hereinafter referred to as ‘respondent’.
C A @ SLP(C)No.20325/2024 Page 1 of 7
3.1. The appellant and respondent got married on
24.02.2002 at Bokaro, Jharkhand in accordance
with Hindu rites and customs. Two children, a son
and a daughter, were born out of the wedlock in
2003 and 2005 respectively.
3.2. After marriage, the parties resided in the
matrimonial home along with the parents of the
respondents, at Bokaro.
3.3. According to the appellant, disputes arose between
the parties and she was subjected to cruelty,
including harassment on account of dowry
demands. She stated that around the year 2007,
the parties began residing separately from the joint
family along with the children. The appellant
further alleged that the respondent got her
examined by a psychiatrist with the intention of
portraying her as mentally unstable. She also
contended that she was ultimately driven out of the
matrimonial home by the respondent and his
family members.
3.4. On the other hand, the respondent alleged that the
appellant persistently insisted on living separately
from the joint family and that even after the parties
shifted to a separate residence, there was no
improvement in her conduct. He further alleged
that the appellant used abusive language towards
C A @ SLP(C)No.20325/2024 Page 2 of 7
his parents on several occasions and was also
involved in disputes with the landlord. The
respondent asserted that he had been subjected to
continuous mental and physical harassment over
the years and that the matrimonial relationship
between the parties had irretrievably broken down.
3.5. Several complaints were filed by the parties against
each other.
3.6. The respondent filed O.S. (DP) 486/2018 seeking
divorce under sections 13(1)(ia) and 13(1)(ib) of the
Hindu Marriage Act, 1955.
3.7. By order dated 23.11.2022, the Family Court,
Bokaro allowed the divorce petition and granted a
decree of divorce in favour of the respondent.
3.8. Aggrieved thereby, the appellant preferred First
Appeal No. 9 of 2023 before the High Court of
Jharkhand at Ranchi.
3.9. The High Court, by the impugned judgment and
order dated 04.10.2023, dismissed the appeal and
affirmed the decree of divorce granted by the Family
Court.
3.10. Aggrieved by the dismissal of the appeal, the
appellant has preferred the present appeal.
4. We have heard learned counsel for the parties and
have examined the material placed on record.
C A @ SLP(C)No.20325/2024 Page 3 of 7
5. The Family Court upon appreciation of oral and
documentary evidence led by the parties, recorded a
finding that the respondent had established cruelty
and desertion within the meaning of Sections 13(1) (ia)
and 13(1) (ib) of the Hindu Marriage Act, 1956. The
Court noted that the appellant used to quarrel with
the respondent on trivial issues, resulting in
persistent matrimonial discord. The Court further
took note of complaints made regarding the conduct
of the appellant towards the respondent as well as the
children. It also noted that the matter was examined
by the District Welfare Committee, which, upon
consideration of the allegations, directed that the
children reside with their paternal grandfather. The
Family Court also noted that despite the parties living
separately, the appellant had neither instituted
proceedings for restitution of conjugal rights nor taken
steps for custody of the children. On consideration of
the aforesaid circumstances, the Family Court
concluded that the conduct of the appellant amounted
to cruelty and that the respondent had also succeeded
in establishing desertion.
6. The High Court in appeal referred to the aforesaid
evidence and affirmed the findings recorded by the
Family Court. The Court referred to the undertaking
furnished by the appellant pursuant to a complaint
C A @ SLP(C)No.20325/2024 Page 4 of 7
dated 03.02.2017 made by her mother-in-law alleging
torture and harassment, wherein the appellant had
stated that she would maintain cordial relations with
her husband and parents-in-law and would not give
any cause for complaint in future. The High Court
observed that these facts were not denied by the
appellant and treated the same as indicative of her
conduct. The High Court further relied upon the
testimony of the son of the parties, who supported the
allegations of cruelty and expressed unwillingness to
reside with the appellant. The Court also noticed the
appellant’s statement that she did not want the
children to stay with her. Taking into account the
aforesaid circumstances, the High Court concluded
that the conduct attributed to the appellant
constituted cruelty towards the respondent and that
she had withdrawn from his society without
reasonable cause, thereby affirming the decree of
divorce.
7. Having gone through the record, we are of the opinion
that the findings recorded by Courts below are
findings of fact based on appreciation of evidence. No
perversity has been demonstrated so as to warrant the
interference of this Court.
8. It is relevant to note that the marriage between the
parties was solemnized in the year 2002 and the
C A @ SLP(C)No.20325/2024 Page 5 of 7
parties have admittedly been living separately since
2018. The prolonged separation indicates that the
matrimonial bond has broken down beyond repair and
there is no possibility of resuming cohabitation.
9. The High Court has also taken into consideration the
material indicating strained relations between the
appellant and the children. These circumstances were
cumulatively relied upon by the courts below to
conclude that the conduct attributed to the appellant
amounted to cruelty and that she had withdrawn from
the society of the respondent without reasonable
cause.
10. The findings so recorded are findings of fact based on
appreciation of evidence. In the aforesaid
circumstances, we are not inclined to take a view
different from that taken by the High Court.
11. However, insofar as the issue of financial support to
the appellant is concerned, it has been urged before
us that the amount awarded requires reconsideration.
Family Court at the time of granting divorce, directed
the respondent to pay appellant a lump sum of
Rs.6,00,000/- as maintenance. Having regard to the
nature of the relief granted and the need to ensure
continued financial support to the appellant, and
considering the overall facts and circumstances of the
case, we deem it appropriate in the interest of
C A @ SLP(C)No.20325/2024 Page 6 of 7
complete justice to direct the respondent to pay a sum
of Rs.10,000/- per month to the appellant towards
maintenance, payable from the date of this order.
12. Accordingly, the appeal is disposed of.
13. Pending application(s), if any, shall be disposed of.
………………………………………..J.
[VIKRAM NATH]
………………………………………..J.
[SANDEEP MEHTA]
NEW DELHI
APRIL 10, 2026
C A @ SLP(C)No.20325/2024 Page 7 of 7
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APELLATE JURISDICTION
CIVIL APPEAL NO. OF 2026
@ SPECIAL LEAVE PETITION (CIVIL) NO. 20325 OF 2024
MAMTA DEVI …APPELLANT
VERSUS
SANJAY KUMAR …RESPONDENT
J U D G M E N T
VIKRAM NATH, J.
1. Leave granted.
2. The appellant is aggrieved by the judgment and order
of the High Court of Jharkhand dated 04.10.2023
passed in F.A. No. 9/2023 whereby the High Court
1
dismissed the appeal preferred by the appellant-wife
and affirmed the judgment passed by the Family Court
2
granting divorce to the respondent-husband.
3. The relevant facts giving rise to the present appeal are
as follows:
Signature Not Verified
Digitally signed by
NEETU KHAJURIA
Date: 2026.04.10
15:48:08 IST
Reason:
1
Hereinafter referred to as ‘appellant’.
2
Hereinafter referred to as ‘respondent’.
C A @ SLP(C)No.20325/2024 Page 1 of 7
3.1. The appellant and respondent got married on
24.02.2002 at Bokaro, Jharkhand in accordance
with Hindu rites and customs. Two children, a son
and a daughter, were born out of the wedlock in
2003 and 2005 respectively.
3.2. After marriage, the parties resided in the
matrimonial home along with the parents of the
respondents, at Bokaro.
3.3. According to the appellant, disputes arose between
the parties and she was subjected to cruelty,
including harassment on account of dowry
demands. She stated that around the year 2007,
the parties began residing separately from the joint
family along with the children. The appellant
further alleged that the respondent got her
examined by a psychiatrist with the intention of
portraying her as mentally unstable. She also
contended that she was ultimately driven out of the
matrimonial home by the respondent and his
family members.
3.4. On the other hand, the respondent alleged that the
appellant persistently insisted on living separately
from the joint family and that even after the parties
shifted to a separate residence, there was no
improvement in her conduct. He further alleged
that the appellant used abusive language towards
C A @ SLP(C)No.20325/2024 Page 2 of 7
his parents on several occasions and was also
involved in disputes with the landlord. The
respondent asserted that he had been subjected to
continuous mental and physical harassment over
the years and that the matrimonial relationship
between the parties had irretrievably broken down.
3.5. Several complaints were filed by the parties against
each other.
3.6. The respondent filed O.S. (DP) 486/2018 seeking
divorce under sections 13(1)(ia) and 13(1)(ib) of the
Hindu Marriage Act, 1955.
3.7. By order dated 23.11.2022, the Family Court,
Bokaro allowed the divorce petition and granted a
decree of divorce in favour of the respondent.
3.8. Aggrieved thereby, the appellant preferred First
Appeal No. 9 of 2023 before the High Court of
Jharkhand at Ranchi.
3.9. The High Court, by the impugned judgment and
order dated 04.10.2023, dismissed the appeal and
affirmed the decree of divorce granted by the Family
Court.
3.10. Aggrieved by the dismissal of the appeal, the
appellant has preferred the present appeal.
4. We have heard learned counsel for the parties and
have examined the material placed on record.
C A @ SLP(C)No.20325/2024 Page 3 of 7
5. The Family Court upon appreciation of oral and
documentary evidence led by the parties, recorded a
finding that the respondent had established cruelty
and desertion within the meaning of Sections 13(1) (ia)
and 13(1) (ib) of the Hindu Marriage Act, 1956. The
Court noted that the appellant used to quarrel with
the respondent on trivial issues, resulting in
persistent matrimonial discord. The Court further
took note of complaints made regarding the conduct
of the appellant towards the respondent as well as the
children. It also noted that the matter was examined
by the District Welfare Committee, which, upon
consideration of the allegations, directed that the
children reside with their paternal grandfather. The
Family Court also noted that despite the parties living
separately, the appellant had neither instituted
proceedings for restitution of conjugal rights nor taken
steps for custody of the children. On consideration of
the aforesaid circumstances, the Family Court
concluded that the conduct of the appellant amounted
to cruelty and that the respondent had also succeeded
in establishing desertion.
6. The High Court in appeal referred to the aforesaid
evidence and affirmed the findings recorded by the
Family Court. The Court referred to the undertaking
furnished by the appellant pursuant to a complaint
C A @ SLP(C)No.20325/2024 Page 4 of 7
dated 03.02.2017 made by her mother-in-law alleging
torture and harassment, wherein the appellant had
stated that she would maintain cordial relations with
her husband and parents-in-law and would not give
any cause for complaint in future. The High Court
observed that these facts were not denied by the
appellant and treated the same as indicative of her
conduct. The High Court further relied upon the
testimony of the son of the parties, who supported the
allegations of cruelty and expressed unwillingness to
reside with the appellant. The Court also noticed the
appellant’s statement that she did not want the
children to stay with her. Taking into account the
aforesaid circumstances, the High Court concluded
that the conduct attributed to the appellant
constituted cruelty towards the respondent and that
she had withdrawn from his society without
reasonable cause, thereby affirming the decree of
divorce.
7. Having gone through the record, we are of the opinion
that the findings recorded by Courts below are
findings of fact based on appreciation of evidence. No
perversity has been demonstrated so as to warrant the
interference of this Court.
8. It is relevant to note that the marriage between the
parties was solemnized in the year 2002 and the
C A @ SLP(C)No.20325/2024 Page 5 of 7
parties have admittedly been living separately since
2018. The prolonged separation indicates that the
matrimonial bond has broken down beyond repair and
there is no possibility of resuming cohabitation.
9. The High Court has also taken into consideration the
material indicating strained relations between the
appellant and the children. These circumstances were
cumulatively relied upon by the courts below to
conclude that the conduct attributed to the appellant
amounted to cruelty and that she had withdrawn from
the society of the respondent without reasonable
cause.
10. The findings so recorded are findings of fact based on
appreciation of evidence. In the aforesaid
circumstances, we are not inclined to take a view
different from that taken by the High Court.
11. However, insofar as the issue of financial support to
the appellant is concerned, it has been urged before
us that the amount awarded requires reconsideration.
Family Court at the time of granting divorce, directed
the respondent to pay appellant a lump sum of
Rs.6,00,000/- as maintenance. Having regard to the
nature of the relief granted and the need to ensure
continued financial support to the appellant, and
considering the overall facts and circumstances of the
case, we deem it appropriate in the interest of
C A @ SLP(C)No.20325/2024 Page 6 of 7
complete justice to direct the respondent to pay a sum
of Rs.10,000/- per month to the appellant towards
maintenance, payable from the date of this order.
12. Accordingly, the appeal is disposed of.
13. Pending application(s), if any, shall be disposed of.
………………………………………..J.
[VIKRAM NATH]
………………………………………..J.
[SANDEEP MEHTA]
NEW DELHI
APRIL 10, 2026
C A @ SLP(C)No.20325/2024 Page 7 of 7