Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
2025 INSC 1464
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO………………………OF 2025
(ARISING OUT OF SLP(CIVIL) NO. 25584 OF 2024)
BHAGYASHREE BISI ...APPELLANT(S)
VERSUS
ANIMESH PADHEE ...RESPONDENT(S)
J U D G M E N T
VIKRAM NATH, J.
1. Leave granted.
2. The present appeal arises out of the impugned order dated
8th August 2024 passed by the High Court of Orissa at
Cuttack in MATA No.279 of 2023 , whereby the High Court
affirmed the decree of divorce granted by the Family Court.
3. The facts giving rise to the present appeal, in brief, are as
follows:
3.1. The appellant-wife and the respondent-husband were
married on 14th December 2014 at Sambalpur, Odisha.
3.2. At the time of marriage, the appellant-wife was employed
with Infosys and was residing in the United States of
Signature Not Verified
Digitally signed by
NEETU KHAJURIA
Date: 2025.12.18
18:09:34 IST
Reason:
America. In February 2017, she returned to India and
thereafter commenced cohabitation with the respondent-
1
husband in Bangalore, India. Differences subsequently
arose between the parties.
3.3. In the year 2021, the appellant-wife was deputed by her
employer to the United States and accordingly she
travelled abroad.
3.4. On 9th May 2022, the respondent-husband instituted C.P.
Case No.65 of 2022 before the Family Court, Sambalpur
under Section 13 of the Hindu Marriage Act, 1955 seeking
dissolution of marriage on the ground of desertion. It was
averred that the appellant-wife had left the matrimonial
home during the intervening night of 24th–25th January
2020 and had not returned thereafter, thereby deserting
the respondent for a continuous period exceeding two
years.
3.5. The appellant-wife contested the said proceedings,
asserting that she had left the matrimonial home on 19th
January 2020 to visit her brother due to an allegedly
hostile environment created by the respondent, including
demands for money. She further stated that on 20th
January 2020, she had transferred a sum of
Rs.3,00,000/- (Rupees Three Lakhs only) to the
respondent-husband’s account, and denied having
deserted the respondent-husband.
3.6. The Family Court, by judgment and order dated 5th
August 2023, allowed the petition filed by the respondent-
2
husband and dissolved the marriage by granting a decree
of divorce on the ground of desertion.
3.7. Aggrieved thereby, the appellant-wife preferred an appeal
before the High Court in MATA No.279 of 2023 .
3.8. The High Court, by the impugned order, dismissed the
appeal and affirmed the findings of the Family Court as
well as the decree of divorce.
3.9. Aggrieved by the aforesaid order, the appellant-wife is
before this Court.
4. We have heard Mr. Nikhil Goel, learned senior counsel
appearing for the appellant-wife, and Mr. Rajiv Kumar
Choudhry, learned counsel appearing for the respondent-
husband.
5. During the course of hearing, learned senior counsel for
the appellant-wife submitted that the appellant-wife is
agreeable to a decree of divorce by mutual consent.
However, it was contended that the decree ought not to be
founded on the ground of desertion, as according to the
appellant-wife, she had not abandoned the respondent-
husband and had left India on account of her professional
obligations, while remaining open to communication.
6. Learned counsel appearing for the respondent-husband
fairly stated that the respondent-husband is also agreeable
to the marriage being dissolved by mutual consent, and
has no objection to the exercise of this Court’s powers
3
under Article 142 of the Constitution of India, instead of
sustaining the decree on the ground of desertion.
7. It is evident from the record that the parties have been
living separately for a considerable length of time. Efforts
at reconciliation have not yielded any positive outcome,
and both parties have expressed their unequivocal desire
to bring the marital relationship to an end. In the
circumstances, the marriage has irretrievably broken
down, and there remains no scope for restoration of the
matrimonial bond.
8. 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.
9. The issue of permanent alimony also arises for
consideration. Both the parties are working and earning
well for themselves. In order to bring finality to all claims
arising out of the matrimonial relationship, it would be
appropriate to settle the same by way of a one-time lump-
sum payment as a token.
10. Taking into account the overall facts and circumstances of
the case, including the financial status of the parties, who
are both working professionals, and other attendant
factors, we are of the view that a sum of Rs. 25 lakhs would
constitute a just and reasonable amount towards full and
final settlement, including permanent alimony to be paid
4
within two months. The amount may be deposited with the
Registry of this Court within the time allowed above. The
appellant-wife would be entitled to withdraw the same.
11. The Registry shall draw up a decree of divorce upon receipt
of proof of payment of the aforesaid amount.
12. Upon compliance with the above, any pending civil or
criminal proceedings between the parties arising out of the
matrimonial dispute shall stand closed.
13. The appeal is disposed of in the above terms.
14. Pending applications, if any, shall also stand disposed of.
……………………………….J.
[VIKRAM NATH]
……………………………….J.
[SANDEEP MEHTA]
NEW DELHI
DECEMBER 18, 2025
5
IN THE SUPREME COURT OF INDIA
2025 INSC 1464
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO………………………OF 2025
(ARISING OUT OF SLP(CIVIL) NO. 25584 OF 2024)
BHAGYASHREE BISI ...APPELLANT(S)
VERSUS
ANIMESH PADHEE ...RESPONDENT(S)
J U D G M E N T
VIKRAM NATH, J.
1. Leave granted.
2. The present appeal arises out of the impugned order dated
8th August 2024 passed by the High Court of Orissa at
Cuttack in MATA No.279 of 2023 , whereby the High Court
affirmed the decree of divorce granted by the Family Court.
3. The facts giving rise to the present appeal, in brief, are as
follows:
3.1. The appellant-wife and the respondent-husband were
married on 14th December 2014 at Sambalpur, Odisha.
3.2. At the time of marriage, the appellant-wife was employed
with Infosys and was residing in the United States of
Signature Not Verified
Digitally signed by
NEETU KHAJURIA
Date: 2025.12.18
18:09:34 IST
Reason:
America. In February 2017, she returned to India and
thereafter commenced cohabitation with the respondent-
1
husband in Bangalore, India. Differences subsequently
arose between the parties.
3.3. In the year 2021, the appellant-wife was deputed by her
employer to the United States and accordingly she
travelled abroad.
3.4. On 9th May 2022, the respondent-husband instituted C.P.
Case No.65 of 2022 before the Family Court, Sambalpur
under Section 13 of the Hindu Marriage Act, 1955 seeking
dissolution of marriage on the ground of desertion. It was
averred that the appellant-wife had left the matrimonial
home during the intervening night of 24th–25th January
2020 and had not returned thereafter, thereby deserting
the respondent for a continuous period exceeding two
years.
3.5. The appellant-wife contested the said proceedings,
asserting that she had left the matrimonial home on 19th
January 2020 to visit her brother due to an allegedly
hostile environment created by the respondent, including
demands for money. She further stated that on 20th
January 2020, she had transferred a sum of
Rs.3,00,000/- (Rupees Three Lakhs only) to the
respondent-husband’s account, and denied having
deserted the respondent-husband.
3.6. The Family Court, by judgment and order dated 5th
August 2023, allowed the petition filed by the respondent-
2
husband and dissolved the marriage by granting a decree
of divorce on the ground of desertion.
3.7. Aggrieved thereby, the appellant-wife preferred an appeal
before the High Court in MATA No.279 of 2023 .
3.8. The High Court, by the impugned order, dismissed the
appeal and affirmed the findings of the Family Court as
well as the decree of divorce.
3.9. Aggrieved by the aforesaid order, the appellant-wife is
before this Court.
4. We have heard Mr. Nikhil Goel, learned senior counsel
appearing for the appellant-wife, and Mr. Rajiv Kumar
Choudhry, learned counsel appearing for the respondent-
husband.
5. During the course of hearing, learned senior counsel for
the appellant-wife submitted that the appellant-wife is
agreeable to a decree of divorce by mutual consent.
However, it was contended that the decree ought not to be
founded on the ground of desertion, as according to the
appellant-wife, she had not abandoned the respondent-
husband and had left India on account of her professional
obligations, while remaining open to communication.
6. Learned counsel appearing for the respondent-husband
fairly stated that the respondent-husband is also agreeable
to the marriage being dissolved by mutual consent, and
has no objection to the exercise of this Court’s powers
3
under Article 142 of the Constitution of India, instead of
sustaining the decree on the ground of desertion.
7. It is evident from the record that the parties have been
living separately for a considerable length of time. Efforts
at reconciliation have not yielded any positive outcome,
and both parties have expressed their unequivocal desire
to bring the marital relationship to an end. In the
circumstances, the marriage has irretrievably broken
down, and there remains no scope for restoration of the
matrimonial bond.
8. 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.
9. The issue of permanent alimony also arises for
consideration. Both the parties are working and earning
well for themselves. In order to bring finality to all claims
arising out of the matrimonial relationship, it would be
appropriate to settle the same by way of a one-time lump-
sum payment as a token.
10. Taking into account the overall facts and circumstances of
the case, including the financial status of the parties, who
are both working professionals, and other attendant
factors, we are of the view that a sum of Rs. 25 lakhs would
constitute a just and reasonable amount towards full and
final settlement, including permanent alimony to be paid
4
within two months. The amount may be deposited with the
Registry of this Court within the time allowed above. The
appellant-wife would be entitled to withdraw the same.
11. The Registry shall draw up a decree of divorce upon receipt
of proof of payment of the aforesaid amount.
12. Upon compliance with the above, any pending civil or
criminal proceedings between the parties arising out of the
matrimonial dispute shall stand closed.
13. The appeal is disposed of in the above terms.
14. Pending applications, if any, shall also stand disposed of.
……………………………….J.
[VIKRAM NATH]
……………………………….J.
[SANDEEP MEHTA]
NEW DELHI
DECEMBER 18, 2025
5