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Mamta Devi v. Sanjay Kumar

Civil Appeal · 2026 INSC 346Decided 10 Apr 2026
C.A. No.-004391-004391 - 2026 (@ SLP(C) No. 20325/2024)
Justice Vikram Nath · Justice Sandeep Mehta

Background

The appellant-wife and respondent-husband married in 2002 and had two children. Both parties alleged mistreatment by the other: the wife alleged dowry-related cruelty and being driven out of the matrimonial home, while the husband alleged persistent abusive conduct and irretrievable breakdown of the marriage. The Family Court at Bokaro granted the husband a divorce in 2022 on grounds of cruelty and desertion under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, awarding the wife a lump-sum maintenance of Rs. 6,00,000. The Jharkhand High Court dismissed the wife's appeal and affirmed the divorce, relying partly on an earlier undertaking she had given to maintain cordial relations and on the couple's son's testimony supporting the cruelty allegations.

Decision Breakdown

The Supreme Court held that the findings of cruelty and desertion by both the Family Court and the High Court were concurrent findings of fact based on evidence, and since no perversity was shown in that appreciation, it declined to disturb them. The Court noted that the parties had been separated since 2018 (with the marriage itself dating to 2002), which reinforced that the matrimonial bond had broken down irretrievably with no prospect of reconciliation, further supported by the strained relationship between the appellant and her children. On the separate question of financial support, however, the Court found the earlier lump-sum award of Rs. 6,00,000 insufficient and, in the interest of complete justice, modified it to a recurring monthly maintenance of Rs. 10,000 payable from the date of the order.

Lesson Learnt

The Supreme Court generally will not re-appreciate concurrent factual findings of cruelty/desertion made by lower courts unless perversity is shown, but it retains flexibility to revisit and improve the adequacy of maintenance/financial relief even while upholding the divorce itself, showing that divorce and maintenance are treated as distinct issues that can be decided differently.

Official source (sci.gov.in)View Judgment (PDF)

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