Delhi High Court Upholds Wife's Entitlements in a Divorce Case. Court affirms interim maintenance and joint property share
In a significant ruling, the Delhi High Court has upheld the interim maintenance and joint property entitlements of Sangeeta Gera in the high-profile matrimonial dispute with her husband, Sanjeev Gera. The bench, comprising Justices Anil Kshetarpal and Harish Vaidyanathan Shankar, delivered a detailed judgment on September 22, 2025, affirming the lower court's orders in a series of appeals stemming from the ongoing divorce proceedings.
The court meticulously analyzed the claims and counterclaims presented by both parties, focusing on three principal issues: interim maintenance, entitlement to proceeds from jointly held property, and the grounds for divorce.
Regarding interim maintenance, the court maintained the order for Sanjeev Gera to continue paying Rs. 2,00,000 per month to Sangeeta during the divorce proceedings. The judgment emphasized the necessity of supporting a spouse lacking independent income, referencing the Hindu Marriage Act, 1955.
In a decisive move, the court also ruled that Sangeeta Gera is entitled to a 50% share in the proceeds from the sale of a jointly held property, reinforcing the principle of equal entitlement in jointly acquired assets during marriage. This decision aligns with the statutory bar under the Prohibition of Benami Property Transactions Act, 1988, preventing claims of exclusive ownership by one spouse.
The court further dismissed Sanjeev Gera's appeal for divorce on grounds of cruelty and desertion, finding insufficient evidence to substantiate claims of grave and sustained misconduct by Sangeeta. The judgment noted that the appellant's own conduct contributed significantly to the marital discord, thereby disallowing him from seeking relief based on his own wrongdoings.
This ruling underscores the judiciary's commitment to equitable treatment in matrimonial disputes, ensuring that financial and property rights are safeguarded for economically vulnerable spouses.
Statutory provision(s): Hindu Marriage Act, 1955 Sections 13(1)(ia), 13(1)(ib), 24, 27; Prohibition of Benami Property Transactions Act, 1988 Section 4; Code of Criminal Procedure, 1973 Section 125; Protection of Women from Domestic Violence Act, 2005
Sangeeta Gera v. Sanjeev Gera, (Delhi)(DB) : Law Finder Doc Id # 2787210
