Supreme Court of India

Munish Kakkar v. Nidhi Kakkar

Neutral citation

Bench Sanjay Kishan Kaul and K. M. Joseph JJ.

Decided 17 December 2019

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

7 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the maintenance of Rs.7,500 per month should be continued to be paid by the appellant to the respondent, and it is open for the parties to move appropriate proceedings for either enhancement of this maintenance or reduction and cessation thereof.

Judgment, page 8

From the headnote

Hindu Marriage Act, 1955: s. 13(1)(ia) – Petition seeking divorce – By husband – Trial Court passed decree of divorce – High Court set aside the decree – Appeal to Supreme Court – Held: The High Court has brushed aside the allegations as wear and tear of marriage – But the relationship between the parties has deteriorated to such an extent that continuity of marriage is fruitless – Though the ground of ‘irretrievable breakdown of marriage’ has not been inserted as a ground for divorce under the Act, in exercise of jurisdiction u/Art. 142 of the Constitution, in order to put a quietus to the dispute, decree of divorce is granted – Constitution of India – Art. 142.

Authorities it was built on

2019 R. Srinivas Kumar v. R. Shametha cited by 5

Where later benches applied it

2024 Rinku Baheti v. Sandesh Sharda referred to
2023 Shilpa Sailesh v. Varun Sreenivasan referred to
2022 N. Rajendran v. S. Valli referred to
2023 Sh. Rakesh Raman v. Smt. Kavita mentioned
2021 Subhransu Sarkar v. Indrani Sarkar (nee Das) mentioned
2021 Sivasankaran v. Santhimeenal mentioned
2023 Delma Lubna Coelho v. Edmond Clint Fernandes distinguished

Of those, 1 distinguished · 3 referred to · 3 mentioned

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