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december 2019

Supreme Court of India · 2019-12-17

Munish Kakkar vs Nidhi Kakkar

Citation / case number
AIR 2020 SUPREME COURT 111
Court
Supreme Court of India
Petitioner
Munish Kakkar
Respondent
Nidhi Kakkar
Author
Sanjay Kishan Kaul
Bench
K.M. Joseph, Sanjay Kishan Kaul

Judgment text excerpt

The Supreme Court ruled on a divorce petition filed under Section 13(1)(ia) of the Hindu Marriage Act, 1955, citing that the prolonged separation and lack of cohabitation constituted mental cruelty. The Court held that the appellant's reasonable apprehension for his safety and the respondent's lack of interest in residing in India were valid grounds for divorce. The judgment emphasized the importance of mutual consent and cohabitation in marriage, ultimately granting the divorce to the appellant.

Munish Kakkar vs Nidhi Kakkar · Niyam