Supreme Court Allows Divorce by Consent, Sets Aside Desertion Decree and Directs Rs.25 Lakh Lump‑Sum Alimony

A bench of Justices Vikram Nath and Sandeep Mehta heard an appeal against an order of the High Court of Orissa at Cuttack that had affirmed a Family Court decree dissolving a marriage on the ground of desertion. The appeal arose from MATA No.279 of 2023, challenging the Family Court’s decree dated 5 August 2023 that granted divorce to the respondent-husband under Section 13 of the Hindu Marriage Act, 1955.

The Court set aside the decree founded on desertion and, by consent of the parties, exercised its powers under Article 142 of the Constitution to dissolve the marriage. The Court noted that the parties had been living separately for a considerable time and that reconciliation efforts had failed, observing that the marriage had “irretrievably broken down.” The Court, in its reasoning, observed: “Having regard to the above, and in order to do complete justice between the parties, the decree on the ground of desertion is set aside. As agreed we deem it appropriate to dissolve the marriage by exercising our powers under Article 142 of the Constitution of India on the consent of the parties.” The bench directed a one‑time lump‑sum payment of Rs.25,00,000 as full and final settlement towards permanent alimony to be deposited with the Registry within two months; the appellant-wife was entitled to withdraw the amount and the Registry was to draw up a decree of divorce on proof of payment. The Court further directed that upon compliance, any pending civil or criminal proceedings between the parties arising out of the matrimonial dispute would stand closed.

Background

The parties married on 14 December 2014 at Sambalpur, Odisha. At the time of marriage the appellant-wife was employed with Infosys and was residing in the United States; she returned to India in February 2017 and cohabited with the respondent-husband in Bangalore. Differences arose and, after the wife was deputed abroad in 2021, the husband filed C.P. Case No.65 of 2022 before the Family Court, Sambalpur on 9 May 2022 seeking dissolution on the ground of desertion. The husband alleged that the wife left the matrimonial home during the intervening night of 24–25 January 2020 and had not returned for a continuous period exceeding two years. The appellant contended that she had left on 19 January 2020 to visit her brother because of an allegedly hostile environment and denied deliberate desertion, noting that she had transferred Rs.3,00,000 to the husband’s account on 20 January 2020.

The Family Court allowed the husband’s petition and granted a decree of divorce on 5 August 2023. The High Court, by the impugned order dated 8 August 2024, affirmed the Family Court’s decree. Before this Court, counsel for the appellant stated that she was agreeable to a decree of divorce by mutual consent and urged that the decree should not rest on the ground of desertion. Counsel for the respondent likewise agreed to dissolution by mutual consent and did not oppose exercise of Article 142. The Supreme Court found that the matrimonial relationship had irretrievably broken down and, to do “complete justice between the parties,” set aside the desertion finding and dissolved the marriage by consent under Article 142. The Court fixed Rs.25 lakhs as a just and reasonable lump‑sum for full and final settlement, directed its deposit within two months, and ordered closure of any pending proceedings on compliance. The appeal was disposed of accordingly and pending applications were closed.

Case Details: Case No.: 2025 INSC 1464 Case Title: BHAGYASHREE BISI v. ANIMESH PADHEE Appearances: For the Petitioner(s): Mr. Nikhil Goel, Senior Counsel For the Respondent(s): Mr. Rajiv Kumar Choudhry, Advocate