Hindu Marriage Act - Very Important Judgments and Case laws with citations for Advocates

Hindu Marriage Act, important Supreme Court and High Court Judgments with subject of case, case decisions, case laws and citations

Case Title Name of Court Act Date and Citation Gist
A. Jayachandra vs Aneel Kaur
 
Supreme Court HMA 13 1 (ia) 02 December 2004
(2005) 2 SCC 22
Acts subsequent to the filing of the petition can be taken note of to show a pattern in the behaviour and conduct
Alok Kumar Jain Vs. Purnima Jain
 
Delhi High Court HMA 24 17 April 2007
AIR 2007 (NOC) 1654 (Del.), 2007(96) DRJ 115
Things to rely on while awarding interim maintenance
 
Anil Jain vs Maya Jain Supreme Court Hindu Marriage Act 13 01 September 2009
(2009)10 SCC 415
Wife retracts after filing Mutual Consent Divorce and taking valuables under MCD terms, husband approaches SC. SC allows divorce on MCD.
Abbayolla M. Subba Reddy vs Padmamma Andhra High Court HAMA 27 July 1998
1998 (5) ALD 465, 1998 (5) ALT 152, I (2000) DMC 266
1.If marriage is nullity, then HMA 25 not applicable. 2.Court cannot grant relief of maintenance obtainable under one Act in proceedings under the other.
Anu Kaul vs Rajeev Kaul Supreme Court Hindu Marriage Act 24 23 March 2009
(2009) 13 SCC 209
Wife working no maintenance
 
Anuradha Alias Chanchal Kumari vs Santoshnath Khanna Delhi High Court HMA 12 1(a)
 
27 September 1977
ILR 1977 Delhi 739, 1978 RLR 111
A particular kind of impotency known as Impotentia quoad hunc vel ham. That is to say incapacity to perform coitus with a particular individual. A party is impotent if his or her mental or physical condition makes consummation of the marriage a practical impossibility.
Anurag Anand vs Sunita Anand Delhi High Court HMA 12 11 October 1996
1997 IAD Delhi 37, AIR 1997 Delhi 94, 65 (1997) DLT 1037, II (1996) DMC 389, 1997 (40) DRJ 68
Judgment Against Husband - Husband gives wrong Salary and family property details in biodata, hence Wife took Annulment
 

 

Arun Kashinath Deshpande Vs. Inumati Ramchandra Deo Bombay High Court HMA 25 08 April 2010
LAWS(BOM)-2010-4-252
Wife was earning and she suppressed this so permanent alimony cancelled.
 
Arvind Kumar Prasad vs Geeta Prasad Patna High Court HMA 13 1(ia) 15 March 2017 Wife filed 498A and made various scandalous allegations, Divorce on cruelty
Asha Devi vs Pominder Kumar Chhabra Delhi High Court HMA 24 07 September 2006 Judgment Against Husband- Maintenance to be paid till HMA petition not terminated
Chand Dhawan vs Jawaharlal Dhawan Supreme Court HMA 25 11 June 1993
1993 SCR (3) 954, 1993 SCC (3) 406
Court cannot grant relief of maintenance obtainable under one Act in proceedings under the other.
Bhaurao Shankar Lokhande & Anr vs State Of Maharashtra & Anr Supreme Court Hindu Marriage Act 11 01 February 1965
1965 AIR 1564, 1965 SCR (2) 837
If the marriage is not a valid marriage, it is no marriage in the eye of law
 
Bai Bhanbai Mavji vs Kanbi Karshan Devraj And Anr Gujarat HC
 
HMA 11 17 June 1969
AIR 1970 Guj 137, 1970 CriLJ 962, (1970) 0 GLR 581
Wife not eligible for Maintenance if it falls under HMA 11
 
Bhausaheb Magar vs Leelabai Magar 2003 Bombay High Court HMA 11, 12 07 July 2003
AIR 2004 Bom 283, II (2004) DMC 321, 2003 (4) MhLj 1019
No Permanent Alimony in Sec 11, Permanent Alimony may be asked in sec 12
Chandrakala Alias Vandana vs Subhash Dhondiba Gaokhandkar Bombay High Court HMA 12 1 (c)
 
23 February 1994
(1994) 96 BOMLR 726
 
Wife was suffering from leprosy since prior to marriage. This material fact concealed hence Annulment. Wife may seek Alimony
Chhandupriya @ Priyanka vs Rahul Mahod Bombay High Court Nagpur HMA 12 1 (c) 17 March 2016 Wife has a lover from prior to marriage and marriage was not consummated
E. Shanthi vs Dr. H.K. Vasudev Karnataka High Court HMA 24 22 August 2005
AIR 2005 Kant 417, ILR 2005 KAR 4981
Wife was qualified and working before marriage. She is capable of earning, hence maintenance declined
G. Padmini vs G. Sivananda Babu Andhra High Court HMA 13 1(ia) 11 November 1999
2000 (2) ALD 258, 2000 (2) ALT 259, II (2000) DMC 760
Divorce on Cruelty as wife's letter to others regarding husband's impotency was cruelty
 
G.V.N. Kameswara Rao vs G. Jabilli Supreme Court HMA 13 1(ia)
 
10 January 2002
2002 AIR SCW 162, (2002) 2 SCC 296
Husband files Divorce on Mental Cruelty as Wife left husband and refused to return. Wife also filed police complaint. Wife pleaded to dismiss divorce using HMA 23(1)(a) but Divorce granted with Alimony.
Harminder Kaur vs Gurtar Singh Punjab and Haryana High Court HMA 24 17 February 2011
 
Maintenance pendente lite and expenses of proceedings not for those who have income sufficient for support and the necessary expenses
Havovi Kersi Sethna vs Kersi Gustad Sethna Bombay High Court HMA 13 28 January 2011 Details on how CD can be made admissible in court
Ines Miranda Vs Santosh K Swamy Supreme Court HMA 24 14 December 2009 Wife (working) filed Divorce, Husband (unemployed) filed RCR. Court transfers case at Wife's city on the condition that she will pay Maintenance for jobless Husband
Jamboo Parasad Jain vs Smt. Malti Prabha And Anr. Allahabad High Court HMA 15 24 January 1979
AIR 1979 All 260
 
HMA 15 not applicable in HMA 11 OR 12
 
Jayanti Deb Das vs Manas Kumar Das Tripura High Court HMA 13 1(ia)
 
19 February 2015
AIR 2015 Tripura 25
The allegation of adultery made by the wife appellant and not proved is nothing but mental cruelty
Jyoti Singh vs Yogendra Singh Supreme Court HMA 13 14 December 2016 Divorce by husband was transferred to Wife's city but all cases were to be taken together
K. Srinivas vs K. Sunita Supreme Court HMA 13 1(ia) 19 November 2014
(2014) 16 SCC 34
Wife had filed a false criminal complaint, and even one such complaint is sufficient to constitute matrimonial cruelty. Hence Divorce
K.Srinivas Rao vs D.A. Deepa Supreme Court HMA 13 1(ia) 22 February 2013
(2013) 5 SCC 226
Divorce on Cruelty as Wife had filed a criminal complaint and sent letters to employer of husband. But with Huge Alimony

 

Kamini Sondhi vs Kapil Sondhi Delhi High Court HMA 13 1(ia) 09 September 2016 Sexless marriage, Wife made false complaints to husband's boss, hence Divorce on mental cruelty.
Kavita vs Harish Raisen Madhya Pradesh High Court HMA 13 1(ia)
 
13 April 2006
2006 (2) MPHT 515
Divorce on Cruelty as Wife had filed a criminal complaint
 
Kiran Bala Asthana And Anr. vs Bhaire Prasad Srivastava Allahabad High Court HMA 12 1 (c) 08 February 1982
AIR 1982 All 242
Wife was suffering from Mental Illness. This material fact concealed hence Annulment. Wife may seek Alimony.
Kumaresan vs Aswathi Madras High Court HMA 24 21 June 2002
(2002) 2 MLJ 760
Sufficiently Earning wife not eligible for HMA 24
Kusum Sharma vs Mahinder Kumar Sharma Delhi High Court HMA 14 January 2015
2014 (214) DLT 493
Not Good for Husbands if wife is not working. Detailed Affidavit required for income and expenditure in matrimonial cases.

Affidavit of Assets, Income and Expenditure not mandatory to be filed along with petition or written statement, direction by Delhi High Court. December 27, 2017

M vs M Bombay High Court HMA 13 1(ia) 07 February 2014 Divorce on Cruelty as Wife had filed a criminal complaint. Wife could not prove her allegations in WS, Option open for applying maintenance in sec 25 of HMA
Maganti Kanakadurga vs Maganti Venkateswarlu Andhra HC HMA 12 1(a)
 
27 April 2006
AIR 2006 AP 259, 2006 (4) ALD 411
 
consummation has not taken place and as already referred it was on account of the appellant's repugnancy for consummation and probably on account of her reluctance towards consummation due to her physical disability of not having attained puberty.
Malathi Ravi vs B.V. Ravi Supreme Court HMA 13 1(ia) 30 June 2014
2014 7 SCC 640
Divorce on Cruelty as Wife had filed a criminal complaint. But with Huge Maintenance for Child.
Mamta Jaiswal vs Rajesh Jaiswal Madhya Pradesh High Court HMA 24 24 March 2000
II (2000) DMC 170
Well qualified woman with past work experience cant sit idle and claim maintenance.
Mangesh Balkrushna Bhoir vs Sau. Leena Mangesh Bhoir Bombay High Court HMA 13 1(ia) 23 December 2015 Divorce on Cruelty as Wife had filed a criminal complaint.
Manish Kumar vs Pratibha Delhi High Court HMA 24 18 September 2008 No Maintenance u/s HMA 24 for working Women
Manisha Tyagi vs Deepak Kumar Supreme Court HMA 13 1(ia) 10 February 2010
I (2010) DMC 451 (SC)
Cruelty not proved, but both party were at fault hence judicial separation
Manju Kamal Mehra vs Kamal Pushkar Mehra Bombay High Court HMA 9 18 July 2009 Wife not entitled to maintenance as HMA 9 was in husband's favour.
Manoj Kumar Soni vs Deepti Soni Madhya Pradesh High Court HMA 13 1(ia) 17 September 2014 Divorce on Cruelty as wife makes many false allegations and also termed husband as impotent, ill treatment to husband's parents
Manokaran @ Ramamoorthy vs M. Devaki Madras High Court HMA 24 21 February 2003
AIR 2003 Mad 212, I (2003) DMC 799, (2003) 1 MLJ 752
Sufficiently Earning wife not eligible for HMA 24
 
Mayadevi vs Jagdish Prasad Supreme Court HMA 13 1(ia) 21 February 2007
AIR 2007 SC 1426
1. Divorce on Cruelty as wife makes many false allegations and also termed husband as impotent, ill treatment to husband's parents. 2.Standard of proof beyond reasonable doubt not required in matrimonial disputes.
Moina Khosla vs Amardeep Singh Khosla Delhi High Court HMA 12 1(a)
 
31 January 1986
AIR 1986 Delhi 399, 1986 (10) DRJ 286
As no sexual intercourse has taken place between the parties, in this case, the requirements of Section 12(1)(a) of the Act are satisfied.

 

Monika Sharma vs Kuldeep Kumar Dogra Himachal Pradesh High Court HMA 13 1(ia) 31 July 2015
 
Serious And Unsubstantiated Allegations Of Adultery Amount To Cruelty Offering A Ground For Divorce
N G Dastane vs S Dastane Supreme Court HMA 12 1 (c) 19 March 1975
AIR 1975 SC 1534, (1975) 2 SCC 326, 1975 3 SCR 967
Judgment Against Husband. Wife was guilty of Cruelty but husband condoned it, subsequent conduct of wife is not a revival of the original cause of action, so Separation denied.
Narendra vs K.Meena Supreme Court HMA 13 1(ia) 06 October 2016
 
unsubstantiated allegations of relations leveled by wife and the threats and attempt to commit suicide by her amounted to mental cruelty
Narinder Pal Kaur Vs. Manjeet Singh Delhi High Court HAMA 20 September 2007 AIR 2008 Delhi 7, 148 (2008) DLT 522, I (2008) DMC 529 Second wife entitled for Maintenance. Under HAMA section 18
 
Naveen Kohli vs Neelu Kohli Supreme Court HMA 13 1(ia) 21 March 2006
2006 (4) SCC 558
Irretrievable breakdown of the marriage. Wife filed multiple cases on husband, SC grants divorce to husband on mental cruelty ground. But high Maintenance.
Nitin Ramesh Dhiwar vs Roopali Nitin Dhiwar Bombay High Court HMA 13 1(ia)
 
16 August 2012 filing of a false criminal complaint itself amounts to cruelty within the meaning of section 13(i)
P.Kalyanasundaram vs K.Paquialatchamy Madras High Court HMA 25 10 January 2003 AIR 2004 Madras 43, (2003) 1 MLJ 669 (Division Bench) Judgment Against Husband. Alimony can be granted even to an erring spouse
 
P.V. Gopalkrishnan vs Kanaksha Gopalkrishnan Bombay High Court HMA 12 1 (a), HMA 12 1 (c) 14 July 1981
1982 (1) BomCR 454 a
Wife was suffering from sexual disorder. This material fact concealed hence Annulment. Wife may seek Alimony.
Padmja Sharma vs Ratan Lal Sharma Supreme Court HMA 26 28 March 2000
2000 (2) SCR 621
If wife is working, liability of Child to be taken care by both parents.
Pankaj Mahajan vs Dimple @ Kajal Supreme Court HMA 13 1(ia) 30 November 2011
(2011) 12 SCC 1
giving repeated threats to commit suicide amounts to cruelty
Pranab Kumar Chakraborty vs Kumkum Chakraborty Calcutta High Court HMA 13 1 (i)
 
05 July 2005
(2006) 1 CAL LT 210 HC, 2005 (4) CHN 146
Wife filed false 498A, Husband filed for Divorce on Cruelty but got Divorce on Irretrievable broken marriage. Wife got huge Alimony.
Preeti Jain vs Kunal Jain &Anr Rajasthan High Court HMA 27 May 2016 Privilege communication between husband and wife is admissible in family court proceedings.
Putuli Das vs Dina Nath Talukdar Gauhati High Court HMA 13 1(i) 05 February 2008
AIR 2008 Gau 74
One should give all the facts and grounds in pleading. Giving it later weakens the case.
 
R.Logeswari vs K.Arul Jothi Madras High Court HMA 12 1(c) 20 December 2016 Wife filed Annulment and then asked for transfer to her hometown, Wife was earlier working so Transfer request declined as she was treated as independent.
Rajasi @ Swapna vs Shashank Dandge Bombay High Court, Nagpur HMA 12 1 (c), HMA 13 1(ia) 06 January 2015
 
Annulment cum Divorce Allowed. Marriage consummated, suicidal traits in the wife so Divorce Allowed.
Rama Kanta Vs Mohinder Laxmidas Bhandula Punjab and Haryana High Court HMA 12,13 1(ia) 07 February 1995
AIR 1996 P H 98
 
Consent For Marriage Was Taken By Hiding Imp Facts, Wife was Cruel, so Annulment and Divorce was granted.
Rameshchandra Rampratapji Daga vs Rameshwari Rameshchandra Daga Supreme Court HMA 13 December 2004
AIR 2005 SC 422
Judgment against Husband. Maintenance under HMA 25 is applicable in HMA 9 to 13 including 11, 12
Rayala M. Bhuvaneswari vs Nagaphanender Rayala Andhra High Court HMA13 20 December 2007
AIR 2008 AP 98, 2008 (2) ALD 311, 2008 (1) ALT 613
Act of tapping itself by the husband of the conversation of his wife with others was illegal and it infringed the right of privacy of the wife.
Renuka vs Rajendra Hada Rajasthan High Court HMA 12 1(a) 18 January 2007
AIR 2007 Raj 112, RLW 2007 (3) Raj 1839
1.appellant expressed her unwillingness to get examined by the medical expert, learned Family Court was entitled to draw the adverse inference against her declaring the marriage of appellant and respondent as null and void 2. marriage could not be consummated owing to the hysteria or extreme sensibility of the wife and there was no question of any structural defect.
Rita Nijhawan vs Balakishan Nijhawan Delhi High Court HMA 21 February 1973
AIR 1973 Delhi 200, 9 (1973) DLT 222
Detailed meaning of Sex, Consummation, Intercourse and Cruelty.
Ritu Raj Kant vs Anita Delhi High Court HMA 24 18 September 2008
154 (2008) DLT 505
Maintenance on actual earnings
 
Rupali Gupta vs Rajat Gupta Delhi High Court HMA 24 05 September 2016 Qualified working wife not entitled for maintenance under HMA 24
Sadhana Satish Kolvankar vs Satish Sachidanand Kolvankar Bombay High Court HMA 12 13
 
15 July 2004
2005 (2) BomCR 340, 2005 (1) MhLj 935
Wife refused coitus, broke Mangalsutra, filed 498A, Divorce on Cruelty, high Alimony.
Sadhana Srivastava vs Sri Arvind Kumar Srivastava Allahabad High Court HMA 13 1(ia) 06 September 2005
AIR 2006 All 7, 2006 (1) AWC 177, II (2005) DMC 863
Divorce on Cruelty as Wife had filed a criminal complaint. But with Maintenance.
Samar Ghosh vs. Jaya Ghosh Supreme Court HMA 13 1(ia) 26 March 2007
(2007) 4 SCC 511
Enumerated illustrations of mental cruelty in detail wrt diff country laws.
Sangitaben Rasiklal Jaiswal vs Sanjaykumar Ratilal Jaiswal Gujarat High Court Hindu Marriage Act 09 December 1999
I (2001) DMC 19, (2000) 3 GLR 297
1. Husband's property are irrelevant for interim maintenance unless he is drawing income from them. 2. Wife is entitled for free legal aid. She should not saddle lower middle class husband with her Litigation expenses.
Sanjeev Gupta vs Shalini Gupta Supreme Court HMA 24 23 February 2009 Interim maintenance increase illegal as no income proof produced
Savita Sachin Sathone vs Sachin Matotrao Sathone Bombay High Court HMA 13 1(ia) 08 August 2016 1.It is well settled that if the material pleading is not denied or traversed, it is deemed to have been admitted. 2.wife threatening the husband of pouring kerosene on herself and of falsely implicating by making complaints against him and his family members in the Police Station, tantamount to cruelty. 3. no husband would like to hear that he was impotent for about 6 to 7 months after the marriage, if that was not true. Such an allegation would surely hurt a man's ego.
Shakti Pershad vs Ratna Pershad Delhi High Court HMA 24 31 January 2003
2003 IAD Delhi 697, 102 (2003) DLT 756, 2003 (66) DRJ 580, 2003 RLR 176
HMA moveable property can not be termed as Income
 
Shakuntala Kumari v. Om Prakash Ghai Delhi High Court HMA 13 1(ia) 06 October 1980
AIR 1983 Delhi 53, 19 (1981) DLT 64
False complaint by the wife to the husband's employer would amount to mental cruelty
 
Shantabai vs Tarachand Madhya Pradesh High Court HMA 12 1(a)
 
22 April 1965
AIR 1966 MP 8
 
Although the Wife is not structurally or psychologically incapable of allowing sexual intercourse generally, yet she has an uncontrollable aversion to allowing coitus to the petitioner-husband. This case belongs to the rare variety of frigidity quoad hanc
Shobha Rani vs Madhukar Reddi Supreme Court HMA 13 1(ia) 12 November 1987
1988 AIR 121, 1988 SCR (1)1010
Husbands parents demanded dowry which was cruelty on wife thus wife got divorce on Cruelty.
 
Subhash Chandra Das Chowdhury vs Sandhya Das Chowdhury Calcutta High Court HMA 13 1(ia) 18 July 2008
(2008) 3 WBLR (Cal) 815
Once a matrimonial suit has been filed, the wife has no right to have a force entry in the house of her husband against his will if she is provided with maintenance by the husband.
Sudha Suhas Nandanvankar vs Suhas Ramrao Nandanvankar Bombay High Court HMA 12 15 September 2004
AIR 2005 Bom 62, 2005 (1) BomCR 591, 2004 (4) MhLj 1052
No Stridhan and Alimony and Annulment on Hiding Past. Marriage expenses cant be returned.
 
Sujit Kumar vs Vandana Delhi High Court HMA 24 08 September 2016 Eleven points to consider for interim maintenance
Sukhdev Kaur vs Ravinder Singh Grewal Calcutta High Court HMA 13 1(ia)
 
18 July 1996
II (1997) DMC 69
Divorce on Cruelty
Suman Kapur vs Sudhir Kapur Supreme Court HMA 13 1(ia) 07 November 2008
(2009) 1 SCC 422
The letters and entries in diary of wife, it was proved that there was mental cruelty on the part of the wife.
Suman Singh vs Sanjay Singh Delhi High Court HMA 13 1(ia) 23 May 2013
2013 (5) RCR (Civil) 844
Wife's allegations of dowry harassment, 498A/ 406, DV Act proven false, her evidence doesn't prove allegations; cruelty and divorce to husband
Sunder Singh vs Manna Sunder Singh Punjab - Haryana High Court HMA 24 28 July 1961 HMA 24
AIR 1962 Punj 127
Wife alleged high income and property of husband but not proof was given by wife or husband.
 
Surbhi Agrawal vs Sanjay Agrawal Madhya Pradesh High Court HMA 13 1(ia) 09 December 1999
AIR 2000 MP 139, I (2000) DMC 453
Divorce on Cruelty
Sushila Devi vs Shri Joginder Kumar Delhi High Court HMA 24 02 July 2010 Maintenance to be decided on Actual Earning of husband and not on his parent's properties
Urmila Devi vs Narinder Singh Himachal Pradesh High Court HMA 12 AIR 2007 HP 19, 2006 (2) ShimLC 445 1. Wife is psychologically impotent and the marriage has not been consummated due to this reason 2. Concealment of material fact.
V. Bhagat vs D. Bhagat Supreme Court HMA 13 1 (i) 19 September 1993
1994 AIR 710, 1994 SCC (1) 337
Irretrievable breakdown of the marriage
 
Vandana J. Kasliwal vs Jitendra N. Kasliwal Bombay High Court HMA 12 1 (c) 28 September 2006
AIR 2007 Bom 115, II (2007) DMC 227
Wife was suffering from schizophrenia. This material fact concealed hence Annulment. Wife may seek Alimony.
Vidhya Viswanathan vs. Kartik Balakrishnan     AIR 2015 SC 285 not allowing a spouse for long time to have sexual intercourse by his or her partner, without sufficient reason, itself amounted to mental cruelty, hence divorce, But with huge Alimony.
Vijay Kumar Vs. Harsh Lata Delhi High Court HMA 24 10 September 2008 Equally qualified and equally earning wife, no interim maint.
Vinita Saxena vs. Pankaj Pandit Supreme Court HMA 13 1(ia) 21 March 2006
(2006) 3 SCC 778
regarding legal proposition on aspect of cruelty
 
Vinny Parmar vs Paramvir Parmar Supreme Court HMA 25 20 July 2001
AIR 2011 SCC 2748
For permanent alimony and maintenance income and property of both, are relevant material in addition to the conduct of the parties and other circumstances of the case.
Vishwanat vs Sarla Vishwanath Agrawal Supreme Court HMA 13 1(ia) 04 July 2012
AIR 2012 S.C. 2586
Divorce on Cruelty but with Huge Alimony

 

 

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