A. Jayachandra vs Aneel Kaur
Acts subsequent to the filing of the petition can be taken note of to show a pattern in the behaviour and conduct
Indian family law | Case-law reference
Hindu Marriage Act: Important Supreme Court and High Court Judgments
A subject-wise reference to 93 reported and cited decisions concerning the Hindu Marriage Act, 1955, including divorce, mental cruelty, restitution, annulment, maintenance, alimony, custody and matrimonial procedure.
Updated: 11 October 2026. Case summaries are concise research aids, not substitutes for the complete judgments.
Important legal context: Section 13(1)(ia) concerns cruelty as a ground for divorce; Section 12 concerns voidable marriages; Section 11 concerns void marriages; Section 24 governs interim maintenance and litigation expenses; Section 25 addresses permanent alimony; and Section 26 deals with child custody, maintenance and education. Judicial precedents must be read with their facts, subsequent rulings and the current statute.
Key legal principles and recent developments
Cruelty and divorce: The Supreme Court's decisions in N.G. Dastane v. S. Dastane, Samar Ghosh v. Jaya Ghosh and Shobha Rani v. Madhukar Reddi explain that matrimonial cruelty is assessed in context, not by a mechanical checklist. A complaint is not cruelty merely because it was filed; proof of knowingly false or malicious allegations can be relevant.
Mutual consent and breakdown: Section 13B generally requires a joint petition and continued consent subject to applicable law. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the six-month interval in Section 13B(2) may be waived in appropriate cases. In Shilpa Sailesh v. Varun Sreenivasan (2023), the Court clarified its exceptional Article 142 power to dissolve a marriage on irretrievable breakdown; this does not create an ordinary statutory ground available to every Family Court.
Maintenance: Section 24 is gender-neutral and turns on sufficient independent income and necessary expenses. A spouse's employment or educational qualifications do not, without more, settle entitlement. Rajnesh v. Neha (2020) laid down important nationwide directions concerning financial disclosure, maintenance assessment and overlapping proceedings. Older rulings in the collection should be read in that light.
Nullity and alimony: A marriage may be void under Section 11 or voidable under Section 12. Decisions such as Rameshchandra Rampratapji Daga v. Rameshwari Rameshchandra Daga address alimony in nullity proceedings. Broad older statements that Section 25 can never apply to a void marriage should not be relied upon without checking subsequent Supreme Court authority.
Current criminal and evidence laws: From 1 July 2024, the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Sakshya Adhiniyam, 2023, generally replaced the IPC, CrPC and Indian Evidence Act respectively, subject to transition and saving provisions. Historical judgments may correctly cite the former enactments. The Hindu Marriage Act itself remains a separate matrimonial statute.
Official statutory texts and case records can be researched through India Code, the Supreme Court of India and the eCourts judgments portal. Verify citations, party names and any later overruling before citing a decision in court.
Browse the case-law collection
- Divorce and matrimonial cruelty (32)
- Maintenance, alimony and children (35)
- Related maintenance legislation (2)
- Nullity, annulment and validity (19)
- Procedure and other matrimonial issues (5)
Divorce and matrimonial cruelty (32 cases)
Anil Jain vs Maya Jain
Supreme Court discussed the limits of mutual-consent divorce and its exceptional constitutional powers; ordinary courts cannot dispense with continuing consent on the same basis.
Arvind Kumar Prasad vs Geeta Prasad
Wife filed 498A and made various scandalous allegations, Divorce on cruelty
Havovi Kersi Sethna vs Kersi Gustad Sethna
Historical treatment of recorded electronic evidence; admissibility must now be considered under the applicable evidence law.
Jayanti Deb Das vs Manas Kumar Das
The allegation of adultery made by the wife appellant and not proved is nothing but mental cruelty
Jyoti Singh vs Yogendra Singh
Divorce by husband was transferred to Wife's city but all cases were to be taken together
K. Srinivas vs K. Sunita
Knowingly false criminal allegations may constitute mental cruelty on the facts; merely filing a complaint does not automatically establish cruelty.
K.Srinivas Rao vs D.A. Deepa
False accusations and damaging communications may amount to mental cruelty where proved; relief remains fact-dependent.
Kamini Sondhi vs Kapil Sondhi
Sexless marriage, Wife made false complaints to husband's boss, hence Divorce on mental cruelty.
Kavita vs Harish Raisen
Divorce on Cruelty as Wife had filed a criminal complaint
M vs M
Case-specific findings on false allegations and matrimonial cruelty; maintenance must be separately evaluated.
Malathi Ravi vs B.V. Ravi
Divorce on Cruelty as Wife had filed a criminal complaint. But with Huge Maintenance for Child.
Mangesh Balkrushna Bhoir vs Sau. Leena Mangesh Bhoir
Divorce on Cruelty as Wife had filed a criminal complaint.
Manisha Tyagi vs Deepak Kumar
Cruelty not proved, but both party were at fault hence judicial separation
Monika Sharma vs Kuldeep Kumar Dogra
Serious And Unsubstantiated Allegations Of Adultery Amount To Cruelty Offering A Ground For Divorce
Narendra vs K.Meena
unsubstantiated allegations of relations leveled by wife and the threats and attempt to commit suicide by her amounted to mental cruelty
Naveen Kohli vs Neelu Kohli
Cruelty and severe marital breakdown considered; the Court also urged legislative consideration of irretrievable breakdown.
Nitin Ramesh Dhiwar vs Roopali Nitin Dhiwar
filing of a false criminal complaint itself amounts to cruelty within the meaning of section 13(i)
Pankaj Mahajan vs Dimple @ Kajal
giving repeated threats to commit suicide amounts to cruelty
Putuli Das vs Dina Nath Talukdar
One should give all the facts and grounds in pleading. Giving it later weakens the case.
Rita Nijhawan vs Balakishan Nijhawan
Detailed meaning of Sex, Consummation, Intercourse and Cruelty.
Sadhana Srivastava vs Sri Arvind Kumar Srivastava
Divorce on Cruelty as Wife had filed a criminal complaint. But with Maintenance.
Samar Ghosh vs. Jaya Ghosh
Leading illustrative, non-exhaustive discussion of mental cruelty under Section 13(1)(ia).
Shakuntala Kumari v. Om Prakash Ghai
False complaint by the wife to the husband's employer would amount to mental cruelty
Shobha Rani vs Madhukar Reddi
Husbands parents demanded dowry which was cruelty on wife thus wife got divorce on Cruelty.
Subhash Chandra Das Chowdhury vs Sandhya Das Chowdhury
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.
Sukhdev Kaur vs Ravinder Singh Grewal
Divorce on Cruelty
Suman Kapur vs Sudhir Kapur
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
Wife's allegations of dowry harassment, 498A/ 406, DV Act proven false, her evidence doesn't prove allegations; cruelty and divorce to husband
Surbhi Agrawal vs Sanjay Agrawal
Divorce on Cruelty
V. Bhagat vs D. Bhagat
Mental cruelty and breakdown of the marital relationship considered on the particular facts; irretrievable breakdown is not a general statutory ground under Section 13.
Vinita Saxena vs. Pankaj Pandit
Explains the contextual legal test for matrimonial cruelty.
Maintenance, alimony and children (35 cases)
Alok Kumar Jain Vs. Purnima Jain
Things to rely on while awarding interim maintenance
Anu Kaul vs Rajeev Kaul
Interim maintenance depends on adequate independent income and the circumstances; employment alone does not automatically disqualify a spouse.
Arun Kashinath Deshpande Vs. Inumati Ramchandra Deo
Wife was earning and she suppressed this so permanent alimony cancelled.
Asha Devi vs Pominder Kumar Chhabra
Judgment Against Husband- Maintenance to be paid till HMA petition not terminated
Chand Dhawan vs Jawaharlal Dhawan
Explains the scope of permanent alimony under Section 25 and its relationship to matrimonial decrees.
Bhausaheb Magar vs Leelabai Magar 2003
Historical High Court approach to permanent alimony in nullity cases; subsequent Supreme Court authority requires a fresh examination of Section 25.
Chandrakala Alias Vandana vs Subhash Dhondiba Gaokhandkar
Wife was suffering from leprosy since prior to marriage. This material fact concealed hence Annulment. Wife may seek Alimony
E. Shanthi vs Dr. H.K. Vasudev
Wife was qualified and working before marriage. She is capable of earning, hence maintenance declined
G.V.N. Kameswara Rao vs G. Jabilli
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
Maintenance pendente lite and expenses of proceedings not for those who have income sufficient for support and the necessary expenses
Ines Miranda Vs Santosh K Swamy
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
Kiran Bala Asthana And Anr. vs Bhaire Prasad Srivastava
Wife was suffering from Mental Illness. This material fact concealed hence Annulment. Wife may seek Alimony.
Kumaresan vs Aswathi
Sufficiently Earning wife not eligible for HMA 24
Mamta Jaiswal vs Rajesh Jaiswal
Well qualified woman with past work experience cant sit idle and claim maintenance.
Manish Kumar vs Pratibha
No Maintenance u/s HMA 24 for working Women
Manokaran @ Ramamoorthy vs M. Devaki
Sufficiently Earning wife not eligible for HMA 24
P.Kalyanasundaram vs K.Paquialatchamy
Judgment Against Husband. Alimony can be granted even to an erring spouse
P.V. Gopalkrishnan vs Kanaksha Gopalkrishnan
Wife was suffering from sexual disorder. This material fact concealed hence Annulment. Wife may seek Alimony.
Padmja Sharma vs Ratan Lal Sharma
Child maintenance and the financial responsibilities of both parents, assessed in light of their means.
Pranab Kumar Chakraborty vs Kumkum Chakraborty
Wife filed false 498A, Husband filed for Divorce on Cruelty but got Divorce on Irretrievable broken marriage. Wife got huge Alimony.
Rameshchandra Rampratapji Daga vs Rameshwari Rameshchandra Daga
Supreme Court considered permanent alimony even in a case involving matrimonial nullity; important when reading older contrary High Court rulings.
Ritu Raj Kant vs Anita
Maintenance on actual earnings
Rupali Gupta vs Rajat Gupta
Qualified working wife not entitled for maintenance under HMA 24
Sadhana Satish Kolvankar vs Satish Sachidanand Kolvankar
Wife refused coitus, broke Mangalsutra, filed 498A, Divorce on Cruelty, high Alimony.
Sangitaben Rasiklal Jaiswal vs Sanjaykumar Ratilal Jaiswal
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
Interim maintenance increase illegal as no income proof produced
Shakti Pershad vs Ratna Pershad
HMA moveable property can not be termed as Income
Sujit Kumar vs Vandana
Eleven points to consider for interim maintenance
Sunder Singh vs Manna Sunder Singh
Wife alleged high income and property of husband but not proof was given by wife or husband.
Sushila Devi vs Shri Joginder Kumar
Maintenance to be decided on Actual Earning of husband and not on his parent's properties
Vandana J. Kasliwal vs Jitendra N. Kasliwal
Wife was suffering from schizophrenia. This material fact concealed hence Annulment. Wife may seek Alimony.
Vidhya Viswanathan vs. Kartik Balakrishnan
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
Equally qualified and equally earning wife, no interim maintenance.
Vinny Parmar vs Paramvir Parmar
Permanent alimony considers the parties' income, assets, status, conduct and other relevant circumstances.
Vishwanat vs Sarla Vishwanath Agrawal
Divorce on Cruelty but with Huge Alimony
Related maintenance legislation (2 cases)
Abbayolla M. Subba Reddy vs Padmamma
Older view concerning maintenance in void marriages and distinct statutory remedies; later Supreme Court rulings may affect its application.
Narinder Pal Kaur Vs. Manjeet Singh
Decision concerning maintenance under the separate Hindu Adoptions and Maintenance Act, 1956; distinguish from HMA Section 25.
Nullity, annulment and validity (19 cases)
Anuradha Alias Chanchal Kumari vs Santoshnath Khanna
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
Judgment Against Husband - Husband gives wrong Salary and family property details in biodata, hence Wife took Annulment
Bai Bhanbai Mavji vs Kanbi Karshan Devraj And Anr
Historical ruling on maintenance following a void marriage; not a universal statement of current law.
Chhandupriya @ Priyanka vs Rahul Mahod
Wife has a lover from prior to marriage and marriage was not consummated
G. Padmini vs G. Sivananda Babu
Divorce on Cruelty as wife's letter to others regarding husband's impotency was cruelty
Jamboo Parasad Jain vs Smt. Malti Prabha And Anr.
HMA 15 not applicable in HMA 11 OR 12
Maganti Kanakadurga vs Maganti Venkateswarlu
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.
Manoj Kumar Soni vs Deepti Soni
Divorce on Cruelty as wife makes many false allegations and also termed husband as impotent, ill treatment to husband's parents
Mayadevi vs Jagdish Prasad
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
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.
N G Dastane vs S Dastane
Foundational decision on matrimonial cruelty, civil standard of proof and condonation; section numbering must be read in historical context.
R.Logeswari vs K.Arul Jothi
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
Annulment cum Divorce Allowed. Marriage consummated, suicidal traits in the wife so Divorce Allowed.
Rama Kanta Vs Mohinder Laxmidas Bhandula
Consent For Marriage Was Taken By Hiding Imp Facts, Wife was Cruel, so Annulment and Divorce was granted.
Renuka vs Rajendra Hada
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.
Savita Sachin Sathone vs Sachin Matotrao Sathone
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.
Shantabai vs Tarachand
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
Sudha Suhas Nandanvankar vs Suhas Ramrao Nandanvankar
Fact-specific annulment and ancillary financial relief; avoid treating the result as a general bar to stridhan recovery.
Urmila Devi vs Narinder Singh
1. Wife is psychologically impotent and the marriage has not been consummated due to this reason 2. Concealment of material fact.
Procedure and other matrimonial issues (5 cases)
Bhaurao Shankar Lokhande & Anr vs State Of Maharashtra & Anr
If the marriage is not a valid marriage, it is no marriage in the eye of law
Kusum Sharma vs Mahinder Kumar Sharma
Financial disclosure and asset affidavits in matrimonial maintenance litigation; read with the later nationwide guidelines in Rajnesh v. Neha (2020).
Manju Kamal Mehra vs Kamal Pushkar Mehra
Case-specific interaction of restitution proceedings and maintenance; a restitution decree does not automatically bar all maintenance claims.
Preeti Jain vs Kunal Jain &Anr
Historical discussion of spousal communications in family proceedings; assess privilege and admissibility under the applicable evidence law.
Rayala M. Bhuvaneswari vs Nagaphanender Rayala
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.
Related legal research
- Hindu Marriage Act, 1955
- Divorce Act judgments
- Domestic violence judgments
- Maintenance cases under former CrPC Section 125
- Former IPC Section 498A judgments
- Civil procedure judgments
- Maintenance decisions concerning husbands
Disclaimer: Case notes are general legal information. The outcome of a matrimonial dispute depends on evidence, applicable law, binding precedent and judicial findings.