Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Neutral Citations
2025 INSC 1464
Equivalent Citations
citation codes
Case Number
Disposition
Advocates
Judges
Acts
  • Article 142 of the Constitution of India
  • Section 13 of the Hindu Marriage Act, 1955
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Neutral Citations
2025 INSC 1464
Equivalent Citations
citation codes
Case Number
Disposition
Advocates
Judges
Acts
  • Article 142 of the Constitution of India
  • Section 13 of the Hindu Marriage Act, 1955
Smart Summary

Bhagyashree Bisi v. Animesh Padhee
Civil Appeal No. … of 2025 (Arising out of SLP (Civil) No. 25584 of 2024)

Factual and Procedural Background

The appellant-wife, Bhagyashree Bisi, and the respondent-husband, Animesh Padhee, were married on 14 December 2014 at Sambalpur, Odisha. At the time of marriage, the appellant was employed with Infosys and residing in the United States of America. In February 2017, she returned to India and thereafter commenced cohabitation with the respondent-husband in Bangalore, India. Subsequently, differences arose between the parties.

In 2021, the appellant-wife was deputed by her employer to the United States and accordingly travelled abroad. On 9 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. He averred that the appellant-wife had left the matrimonial home during the intervening night of 24–25 January 2020 and had not returned thereafter, thereby allegedly deserting him for a continuous period exceeding two years.

The appellant-wife contested the proceedings, asserting that she had left the matrimonial home on 19 January 2020 to visit her brother due to a hostile environment allegedly created by the respondent, including demands for money. She further stated that on 20 January 2020, she transferred a sum of Rs. 3,00,000/- to the respondent-husband's account, and denied having deserted him.

By judgment and order dated 5 August 2023, the Family Court allowed the petition filed by the respondent-husband and dissolved the marriage by granting a decree of divorce on the ground of desertion. Aggrieved, the appellant-wife preferred an appeal before the High Court of Orissa at Cuttack in MATA No. 279 of 2023. By the impugned order dated 8 August 2024, the High Court dismissed the appeal and affirmed the Family Court’s findings and the decree of divorce.

The appellant-wife then approached the Supreme Court by way of the present civil appeal (arising out of SLP (Civil) No. 25584 of 2024). Leave was granted, and the Supreme Court heard both parties.

Legal Issues Presented

  1. Whether the decree of divorce granted by the Family Court on the ground of desertion and affirmed by the High Court should be sustained.
  2. In view of the parties’ subsequent stand before the Supreme Court, whether the marriage should instead be dissolved by mutual consent by exercise of the Court’s power under Article 142 of the Constitution of India, and on what terms.
  3. What would be an appropriate arrangement towards permanent alimony and final settlement of all claims arising from the matrimonial relationship, and what should be the status of any pending civil or criminal proceedings between the parties arising out of the matrimonial dispute.

Arguments of the Parties

Appellant-wife's Arguments

  • The appellant-wife expressed her agreement to a decree of divorce by mutual consent.
  • She contended that the decree of divorce ought not to rest on the ground of desertion because, according to her, she had not abandoned the respondent-husband.
  • She asserted that her departure from India was on account of professional obligations and that she remained open to communication, thereby disputing the characterization of her conduct as “desertion.”

Respondent-husband's Arguments

  • The respondent-husband, through counsel, stated that he was also agreeable to the marriage being dissolved by mutual consent.
  • He raised no objection to the Supreme Court exercising its power under Article 142 of the Constitution of India to dissolve the marriage, instead of sustaining the existing decree of divorce on the ground of desertion.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Supreme Court noted from the record that the parties had been living separately for a considerable length of time. Efforts at reconciliation had not yielded any positive outcome. Both parties had expressed, before the Court, an unequivocal desire to bring their marital relationship to an end.

On this basis, the Court concluded that the marriage had irretrievably broken down and that there remained no scope for restoration of the matrimonial bond. In light of this assessment, and taking into account that both parties consented to dissolution of the marriage and did not insist on sustaining the finding of desertion, the Court decided that it would not be appropriate to maintain the decree on the ground of desertion.

To “do complete justice between the parties,” the Court set aside the existing decree of divorce founded on desertion. In its place, and “as agreed,” the Court deemed it appropriate to dissolve the marriage by exercising its powers under Article 142 of the Constitution of India on the basis of the parties’ consent.

The Court then turned to the issue of permanent alimony and settlement of all claims arising from the matrimonial relationship. It recorded that both parties are working and earning well. To bring finality to all such claims, the Court considered it appropriate to adopt a one-time lump-sum payment as a token settlement.

Taking into account the “overall facts and circumstances of the case,” including the financial status of both parties as working professionals and “other attendant factors,” the Court determined that a sum of Rs. 25 lakhs would constitute a just and reasonable amount towards full and final settlement, including permanent alimony. The Court directed that this amount be paid within two months and deposited with the Registry of the Supreme Court within that period. The appellant-wife was held entitled to withdraw the amount.

The Court further directed that the Registry shall draw up a decree of divorce upon receipt of proof of payment of the aforesaid amount. It clarified that upon compliance with this direction, any pending civil or criminal proceedings between the parties arising out of the matrimonial dispute shall stand closed.

Holding and Implications

HOLDING: The Supreme Court set aside the existing decree of divorce on the ground of desertion and, exercising its power under Article 142 of the Constitution of India, dissolved the marriage by mutual consent. It ordered that the respondent-husband shall pay a lump sum of Rs. 25 lakhs within two months as full and final settlement, including permanent alimony, by depositing the amount with the Registry of the Court, to be withdrawn by the appellant-wife. The Registry was directed to draw up a decree of divorce upon proof of payment. Upon such compliance, all pending civil or criminal proceedings between the parties arising out of the matrimonial dispute shall stand closed. The appeal and all pending applications were DISPOSED OF in these terms.

Implications: The decision finally terminates the marital relationship between the parties, substitutes a consensual dissolution under Article 142 for the earlier desertion-based decree, and provides a quantified one-time financial settlement as permanent alimony. It also brings an end to all related litigation between the parties. The judgment is marked “NON-REPORTABLE” and contains no discussion of broader legal principles beyond what was necessary to resolve this particular dispute.

To access the original judgment, please Sign In or Subscribe.

    BHAGYASHREE BISI v. ANIMESH PADHEE

    2025 INSC 1464

    1

    NON-REPORTABLE

    IN THE SUPREME COURT OF INDIA

    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 America. In February 2017, she returned to India and thereafter commenced cohabitation with the respondent-

    1

    2

    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-

    3

    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

    4

    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

    5

    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

    Use AI to get other relevant cases.

    Comments

    BHAGYASHREE BISI v. ANIMESH PADHEE
    (Dec 18, 2025)