Case Name: Sau. Jiya vs. Kuldeep
Case Number: Civil Appeal No. @ SLP (C) No. 24893 of 2018
Date: January 31, 2025
Quorum: Justice Vikram Nath, Justice Prasanna B. Varale
FACTS OF THE CASE
This case is a matrimonial dispute between Sau. Jiya and Kuldeep. Their marriage which was solemnized on June 27, 2012, after four years of courtship, soon turned problematic. Kuldeep filed for a divorce under Section 13 of the Hindu Marriage Act, 1955, on grounds of cruelty and desertion. The Family Court ruled in his favor, a decision which was later upheld by the Bombay High Court, Nagpur Bench. Dissatisfied with this, Sau. Jiya approached the
Supreme Court, raising a challenge against the decree by procedural flaws and lack of evidence against her.
ISSUES
- Whether the respondent’s allegations against the appellant for cruelty were prima facie adequate to warrant granting divorce under Section 13 of the Hindu Marriage Act,
1955?
- Whether the appellant was entitled to receive maintenance or a lump sum settlement from the respondent after dissolution of marriage?
- Whether the financial statements filed by the respondent were correct, and whether he possessed this amount to adequate means to take care of appellant’s maintenance?
LEGAL PROVISIONS
- Section 13, Hindu Marriage Act, 1955 – Defines divorce on account of cruelty and desertion.
- Section 125, Criminal Procedure Code, 1973 – Relates to the liabilities of providing for maintenance.
- Rajnesh v. Neha (2021) 2 SCC 324 – Interprets to determine reasonable maintenance based upon the financial capabilities of both spouses.
ARGUMENTS
Petitioners arguments :
- She had argued that the allegations put against her were fabricated merely to increase the timeline of Kuldeep’s divorce.
- She claimed she was mistreated and coerced by her in-laws, which forced her to live separately.
- She accused Kuldeep of concealing his actual income to avoid paying proper maintenance.
Respondent arguments:
- His arguments stated that Sau. Jiya and her refusal to live together with him and her false allegations against him caused mental cruelty.
- He re-married in 2019 and offered a one-time settlement to settle all claims.
- His third argument was that he was financially limited and couldn’t pay high maintenance.
ANALYSIS
The Supreme Court had gone through the facts and legal points thoroughly. It agreed with the lower courts that Sau. Jiya’s allegations of cruelty were not proved. Moreover her allegations against Kuldeep were not proved and thus his divorce petition was allowed. On the question of maintenance, the Court relied on Rajnesh v. Neha to come to a fair settlement. It considered the financial status of Kuldeep and the needs of Sau. Jiya before reaching a decision to grant a one-time settlement of Rs. 10,00,000/-, which was directed to be paid by Kuldeep within three months.
JUDGEMENT
- The appeal was partly allowed, only modifying the maintenance award.
- The divorce decree was confirmed, with the findings of the lower courts.
- Kuldeep was directed to pay Rs. 10,00,000/- as a one-time settlement within three months.
- All pending applications were dropped.
CONCLUSION
This judgment shows the Supreme Court’s balanced approach in matrimonial disputes. It confers financial security to a spouse post-divorce but discourages frivolous allegations
which prolong litigation. Ensuring a fair settlement and proper financial disclosure was the objective of the Court, with the aim of granting justice without resorting to undue legal battles. This judgement has brought out the fact that divorce is not only about mere legal
formalities but also about protecting the dignity and financial interest of both parties.
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WRITTEN BY TANMAYEE VELLORE RAGHUNANDAN
