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VIKRAM NATH, SANDEEP MEHTA
Bhagyashree Bisi – Appellant
Versus
Animesh Padhee – Respondent
| Table of Content |
|---|
| 1. background of the marriage and divorce proceedings. (Para 2 , 3) |
| 2. mutual consent for divorce discussed. (Para 5 , 6) |
| 3. court's assessment of marital breakdown. (Para 7) |
| 4. decree of divorce and alimony settlement. (Para 8 , 9 , 10) |
| 5. final orders and disposal of the appeal. (Para 11 , 12 , 13 , 14) |
JUDGMENT :
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:
3.2. 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-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
Mutual consent for divorce was upheld, with the court exercising its powers under Article 142 to dissolve the marriage, setting aside the original decree based on desertion.
The court affirms the validity of mutual consent divorce despite prolonged separation and second marriage under S.13-B of the Hindu Marriage Act.
The main legal point established in the judgment is the court's consideration of desertion as a ground for dissolution of marriage, emphasizing the parties' intention to stay separate and their unwil....
Family and Personal Law - Seeking divorce - Ground of desertion - It is obligation of the court and all concerned that marriage status should, as far as possible, as long as possible and whenever pos....
Joining a job at a distance cannot be deemed as willful desertion under the Hindu Marriage Act.
Desertion as a ground for divorce requires proof of separation and intent to cease cohabitation, alongside consideration for appropriate alimony factoring the welfare of minor children.
Desertion requires proof of intentional permanent abandonment and cannot be presumed from mere long separation.
The court ruled that to establish desertion under the Hindu Marriage Act, the petitioner must prove both the factum of separation and the intent to permanently cease cohabitation, which was not demon....
Divorce – Continuance of an acrimonious marital bond, would serve no meaningful purpose and would only prolong agony of both spouses.
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