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.