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july 2024

Supreme Court of India · 2024-07-10

Vikas Kanaujia vs Sarita

Citation / case number
2024 INSC 517
Court
Supreme Court of India
Petitioner
Vikas Kanaujia
Respondent
Sarita
Author
Vikram Nath
Bench
Vikram Nath

Judgment text excerpt

The Supreme Court upheld the Family Court's decree of divorce under Section 13 of the Hindu Marriage Act, 1955, on the grounds of cruelty, affirming that the Respondent's refusal to perform marital obligations and her misbehavior constituted mental cruelty. The Court found that the Appellant had made sufficient attempts to reconcile but was met with persistent refusal from the Respondent. The High Court's order setting aside the divorce was reversed, and the decree of divorce was restored, establishing the principle that mental cruelty can be grounds for divorce under the Hindu Marriage Act.

Vikas Kanaujia vs Sarita · Niyam