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Supreme Court of India 2022-02-15 allowed

Debananda Tamuli vs Kakumoni Kataky

Bench: 2 — Abhay S. Oka

In Brief

In this matrimonial dispute, a husband sought divorce from his wife on grounds of cruelty and desertion under the Hindu Marriage Act, 1955. The marriage was solemnized in June 2009 and the wife left after 13 days, remaining separated for over two years before the divorce petition was filed. The lower courts initially dismissed the petition, but the Supreme Court found that desertion had been established: the wife had remained continuously separated without reasonable cause or consent, and her single-day visit to the matrimonial home upon her mother-in-law's death was insufficient to show intention to resume cohabitation. The Court granted the divorce and ordered the husband to pay Rs. 15 lakhs compensation to the wife.

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Matrimonial Law Hindu Marriage Act Divorce Desertion Cruelty Constitutional Law Article 142

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