Shakti vs Anita - 2023 Supreme(SC) 1849

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1849

SANJAY KISHAN KAUL, SUDHANSHU DHULIA, PRASHANT KUMAR MISHRA
Shakti – Appellant
Versus
Anita – Respondent

Advocates Appeared:
For the Appellant : Ms. Anuja Saxena, Adv. Mr. Yogesh Bhardwaj, Adv. Mr. V.M. Popli, Adv. Mr. S.M. Popli, Adv. Mrs. B. Sunita Rao, AOR
For the Respondent: Mr. N.S. Dalal, Adv. Mr. Alok Kumar, Adv. Mr. Devesh Pratap Singh, Adv. Ms. Rachana Dalal, Adv. Ms. Swata Kadyan, Adv. Mr. Tanishq Tyagi, Adv. Mr. R. C. Kaushik, AOR

Table of Content
1. marriage details and divorce history. (Para 1 , 2 , 3 , 4)
2. hearing and mediation attempts. (Para 5 , 6)
3. irretrievable breakdown of marriage. (Para 7 , 8)
4. permanent alimony considerations. (Para 9 , 10 , 13 , 15 , 16)
5. custody arrangements for children. (Para 11 , 12)
6. final ruling on custody and financial arrangements. (Para 14)
7. pending proceedings related to divorce. (Para 17 , 18)
8. final closure of proceedings and compliance. (Para 19 , 20)

ORDER :

1. The marriage was solemnized according to Hindu rites between the parties on 09.11.2008.

2. One girl child Mannat was born on 07.09.2010 and a son named, Kushagra was born on 20.02.2013. It appears that soon thereafter, the relationship between the parties soured and in the year 2013 itself a divorce petition was filed by the appellant at the Family Court, Jhajhar. In terms of the judgment dated 25.10.2016, the decree of divorce was granted under Section 13 of the HINDU MARRIAGE ACT , 1955 on grounds of cruelty.

3. The respondent, aggrieved by the same, preferred an appeal before the High Court of Punjab & Haryana. The appeal has been allowed by the judgment dated 16.11.2019 of the Division Bench.

4. We may

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