In a significant matrimonial dispute, the Supreme Court has upheld a divorce granted by lower courts while modifying the financial relief awarded to the wife. The case revolved around allegations of cruelty, desertion, and long-term separation between the spouses.
Background of the Case
The dispute traces back to a marriage solemnized in 2002 in Bokaro, Jharkhand. The couple had two children, born in 2003 and 2005. Over time, differences arose between the parties, with both sides making serious allegations against each other.
The wife claimed she was subjected to cruelty and harassment, including dowry-related issues, and was eventually forced out of the matrimonial home. On the other hand, the husband alleged that the wife’s behavior caused continuous mental and physical distress, including disputes with family members and others.
The husband filed for divorce under the Hindu Marriage Act, citing cruelty and desertion. In 2022, the Family Court granted the divorce, a decision later upheld by the Jharkhand High Court in 2023.
The Supreme Court examined whether there was any legal error in the findings of the lower courts. It noted that both the Family Court and High Court had carefully evaluated evidence, including witness testimonies and documented complaints.
“The findings recorded by the courts below are findings of fact based on appreciation of evidence,” the bench observed,
emphasizing that no serious error or perversity was shown that would justify interference.
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The Court also highlighted key aspects of the case:
- The wife’s conduct, including repeated disputes and complaints.
- Testimony of the couple’s son, who supported allegations against the mother.
- The wife’s own statement indicating unwillingness to keep the children with her.
Another important factor was the long separation. The Court noted that the couple had been living apart since 2018, indicating that the marriage had effectively broken down.
“The prolonged separation indicates that the matrimonial bond has broken down beyond repair,” the bench remarked.
While the Court upheld the divorce, it took a different view on the financial support awarded to the wife. The Family Court had granted a one-time lump sum of ₹6 lakh as maintenance.
However, the Supreme Court found it appropriate to ensure sustained financial support.
“Considering the need to ensure continued financial support… we deem it appropriate… to direct payment of ₹10,000 per month,” the Court stated.
The Supreme Court declined to interfere with the divorce decree and upheld the findings of cruelty and desertion. However, it modified the maintenance arrangement by directing the husband to pay ₹10,000 per month to the wife from the date of the order. The appeal was accordingly disposed of.
Case Details
Case Title: Mamta Devi vs Sanjay Kumar
Case Number: Civil Appeal arising out of SLP (C) No. 20325 of 2024
Judges: Justice Vikram Nath and Justice Sandeep Mehta
Decision Date: April 10, 2026
