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september 2010

Supreme Court of India · 2010-09-22

Sanjeeta Das vs Tapan Kumar Moahnty

Citation / case number
AIR 2011 SC (CIVIL) 958
Court
Supreme Court of India
Petitioner
Sanjeeta Das
Respondent
Tapan Kumar Moahnty
Author
Aftab Alam
Bench
R.M. Lodha, Aftab Alam

Judgment text excerpt

The Supreme Court held that the Family Court's order directing the appellant to resume cohabitation with the respondent under Section 23A of the Hindu Marriage Act, 1955 was erroneous, as it failed to consider the findings against the respondent on grounds of cruelty and desertion. The Court emphasized that a decree of restitution of conjugal rights cannot be granted when the spouse has been found to have committed acts of cruelty. The appeal was allowed, and the Family Court's order was set aside.

Sanjeeta Das vs Tapan Kumar Moahnty · Niyam