SMT. ROOPA SONI vs KAMALNARAYAN SONI - 2023 Supreme(Online)(SC) 12192

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(SC) 12192

M.M. SUNDRESH, SANJIV KHANNA, JJ
SMT. ROOPA SONI – Appellant
Versus
KAMALNARAYAN SONI – Respondent

Advocates:
For the Appellants/Petitioners:
For the Respondents:

Table of Content
1. grounds for divorce under hindu marriage act (Para 1 , 2)
2. liberalization of divorce provisions in the act (Para 3 , 4)
3. interpretation of 'cruelty' under the law (Para 5)
4. subjectivity in assessing cruelty (Para 6)
5. impact of divorce on women and children (Para 8)
6. burden of proof in divorce petitions (Para 9 , 11)
7. condonation and reconciliation in divorce (Para 12 , 13 , 14)
8. social context in marital relationships (Para 15)
9. criteria for the irretrievable breakdown of marriage (Para 18 , 19)
10. final decree of divorce granted (Para 20 , 21)

JUDGEMENT

2. Section 13 (1) and 13(1A) of the Hindu Marriage Act, 1955 (hereinafter referred to as Act of 1955) provide for various grounds for granting divorce:

Signature Not Verified (i) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or

(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

or (iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an exten

Click Here to Read the rest of this document

2023 Supreme(Online)(SC) 12192

M.M. SUNDRESH, SANJIV KHANNA, JJSMT. ROOPA SONI – AppellantVersusKAMALNARAYAN SONI – Respondent

Cases Referred (4)

M.M. SUNDRESH, SANJIV KHANNA, JJ
SMT. ROOPA SONI – Appellant
Versus
KAMALNARAYAN SONI – Respondent