VidhiSangh

Supreme Court of India · 06/09/2023

SMT. ROOPA SONI versus KAMALNARAYAN SONI

[2023] 14 S.C.R. 871 · 2023 INSC 814

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Summary

The Court granted the wife a divorce after prolonged separation, serious mutual allegations and the effective end of the marital relationship. It stressed that cruelty must be evaluated contextually, including the spouses’ social and economic circumstances, and proved on a preponderance of probabilities. The lower courts’ technical approach had prolonged a marital status unsupported by an actual relationship.

Issues

  1. How cruelty and its standard of proof should be assessed in a matrimonial proceeding.
  2. How a wife’s position and silence bear on alleged condonation.
  3. Whether the long separation and circumstances justified dissolving this marriage.

Provisions considered

Held

Result

Appeal allowed. Trial court judgment and High Court affirmance set aside; decree of divorce granted. No costs.

Judgment PDF: Supreme Court of India, [2023] 14 S.C.R. 871.