The Supreme Court heard an appeal against the High Court order affirming divorce decree granted on ground of desertion under Hindu Marriage Act 1955 -- Both parties expressed willingness for divorce by mutual consent -- The Court found marriage had irretrievably broken down with no scope for reconciliation -- Exercising powers under Article 142 of Constitution of India, the Court set aside desertion-based decree and granted divorce by mutual consent -- The Court awarded Rs. 25 lakhs as permanent alimony considering both parties were working professionals -- The amount was to be deposited within two months and would constitute full and final settlement -- All pending civil or criminal proceedings between parties were directed to be closed.
A] Family Law - Hindu Marriage Act-1955-Section13-Divorce on ground of desertion-issue of whether appellant-wife deserted husband when she left matrimonial home and went abroad- Family Court granted divorce on ground of desertion after continuous absence for over two years without consent-High Court upheld Decree-Supreme Court examined factual matrix,parties conduct and found that separation was long standing and parties agreed to dissolution by mutual consent-held that decree of divorce on ground of desertion is set aside and marriage dissolved by mutual consent under article 142 for complete justice ( Paras 3.4,3.6,3.8,5.8).
B] Constituional Law -Article 142 of Constituion of India-exercise of powers to do complete justice-parties agreed to dissolve irretrievably broken marriage amicably-Supreme Court utilized Article 142 powers to dissolve marriage by mutual consent notwithstnading existence of a decree on different ground-also adjudicated on permanent alimoney-ordered lump sum payment as full and final settlement-Held : Exercise of Article 142 powers to ensure just and equitable outcome in matrimonial disputes is justified and marriage dissolved accordingly (Paras 7-12)
The appeal was disposed of -- The decree on ground of desertion was set aside -- The marriage was dissolved by mutual consent exercising powers under Article 142 of Constitution of India -- Rs. 25 lakhs was awarded as permanent alimony to be paid within two months -- All pending proceedings between parties were directed to be closed.
Citation: 2025 LawText (SC) (12) 80
Case Number: CIVIL APPEAL NO………………………OF 2025 (ARISING OUT OF SLP(CIVIL) NO. 25584 OF 2024)
Date of Decision: 2025-12-18
Case Title: The Issue of permanent alimony also arises for consideration
Before Judge: VIKRAM NATH J. , SANDEEP MEHTA J.
Equivalent Citations: 2025 INSC 1464
Advocate(s): Mr. Nikhil Goel, Mr. Rajiv Kumar Choudhry
Appellant: Bhagyashree Bisi
Respondent: Animesh Padhee
Nature of Litigation: Appeal against divorce decree granted on ground of desertion
Remedy Sought: Appellant-wife sought setting aside of divorce decree based on desertion
Filing Reason: Appellant-wife aggrieved by High Court order affirming Family Court's divorce decree
Previous Decisions: Family Court granted divorce on ground of desertion on 5th August 2023 -- High Court affirmed the decree on 8th August 2024
Issues: Whether divorce decree based on desertion should be sustained Whether marriage should be dissolved by mutual consent What amount should be awarded as permanent alimony
Submissions/Arguments: Appellant-wife submitted she was agreeable to divorce by mutual consent but not on ground of desertion Respondent-husband submitted he had no objection to divorce by mutual consent under Article 142 of Constitution of India
Ratio Decidendi: When both parties agree to divorce by mutual consent and marriage has irretrievably broken down, Supreme Court can exercise powers under Article 142 of Constitution of India to dissolve marriage -- Permanent alimony should be determined based on financial status of parties and should bring finality to all claims.
Judgment Excerpts: The decree on the ground of desertion is set aside 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 A sum of Rs. 25 lakhs would constitute a just and reasonable amount towards full and final settlement, including permanent alimony Any pending civil or criminal proceedings between the parties arising out of the matrimonial dispute shall stand closed
Procedural History: Respondent-husband filed divorce petition under Section 13 of Hindu Marriage Act, 1955 on 9th May 2022 -- Family Court granted divorce on 5th August 2023 -- High Court affirmed decree on 8th August 2024 -- Supreme Court heard appeal and disposed it on 18th December 2025
