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2025 Supreme(SC) 1673

VIKRAM NATH, SANDEEP MEHTA
Geeta @ Reeta Mishra – Appellant
Versus
Ajay Kumar Mishra – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Astha Sharma, AOR Mr. Sanjeev Kaushik, Adv. Mr. Simranjeet Singh Rekhi, Adv.
For the Respondent(s):Respondent-in-person

JUDGMENT

VIKRAM NATH, J.

1. Leave granted.

2. The present appeals arise from the judgment and order dated 18th December 2023 passed by the High Court of Delhi in MAT.APP.(F.C.) No.20 of 2020, whereby the High Court affirmed the decree of divorce granted by the Family Court vide order dated 20th September 2019.

3. The relevant facts, in brief, are as follows:

3.1. The parties were married on 6th May 1996 and have two children from the marriage: a daughter born in 1997 and a son born in 1999.

3.2. In March 2009, the respondent-husband filed a divorce petition being HMA No.135/2009 under Section 13(1)(ia) of the Hindu Marriage Act, 1955 [HMA], on the ground of cruelty. The husband alleged various instances of mental cruelty by the wife, whereas the wife contended that she herself had been subjected to mental and physical cruelty.

3.3. The appellant-wife thereafter filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 [DV Act.] against the respondent- husband and his family members.

3.4. In the DV Act proceedings, the Mahila Court directed the husband to pay maintenance of Rs.6,300/- per month, later enhanced to Rs.7,500/- per month.

3.5. In 2013, the re

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