Case at a Glance
A Family Court granted the husband divorce on the ground of desertion, and the Orissa High Court upheld it. Before the Supreme Court, both parties agreed that the marriage should end, but the wife objected to being branded as the deserting spouse. The Court set aside the desertion decree and dissolved the marriage under Article 142 of the Constitution. It fixed ₹25 lakh as a full and final settlement, including permanent alimony.
Background
The parties married on 14 December 2014 at Sambalpur. The wife worked for Infosys in the United States, returned in February 2017 and lived in Bangalore, and was deputed to the United States again in 2021. The husband filed Civil Proceeding No. 65 of 2022 on 9 May 2022 seeking divorce for desertion. He said she left on the night of 24–25 January 2020. The wife said she left on 19 January 2020, and that ₹3,00,000 was transferred on 20 January 2020.
The Family Court granted divorce on the ground of desertion on 5 August 2023. The Orissa High Court dismissed the wife's appeal, MATA No. 279 of 2023, on 8 August 2024. Before the Supreme Court, both sides accepted that the marriage could not continue. The dispute was about the finding of desertion against the wife.
The Question Before the Court
Where both spouses accept that the marriage is over but one objects to the desertion finding, how should the marriage be dissolved?
Ending the Marriage Without Assigning Blame
The Court noted that the parties had lived apart for years and that both agreed to dissolution. The wife's grievance was the stigma of a decree that recorded her as the deserting spouse. Rather than reweigh the evidence on who left whom and when, the Court used its power under Article 142 of the Constitution to do complete justice.
It set aside the decree of divorce on the ground of desertion and instead dissolved the marriage by mutual consent under Article 142. To settle all claims, it fixed ₹25 lakh as a full and final amount, including permanent alimony, to be paid within two months by deposit with the Registry. The decree of divorce would follow on proof of payment, and all other pending proceedings between the parties were closed. The judgment does not cite precedents.
What the Court Held
- The decree of divorce on the ground of desertion was set aside.
- The marriage was dissolved by mutual consent under Article 142 of the Constitution.
- ₹25 lakh was fixed as full and final settlement, including permanent alimony, payable within two months by deposit with the Registry.
- The decree would be drawn on proof of payment, and other pending proceedings were closed.
Why It Matters
- A spouse can contest the ground of divorce even while agreeing that the marriage should end.
- Article 142 lets the Court dissolve a marriage without a fault finding.
- Linking the decree to proof of payment protects the receiving spouse.
For Litigants / For Counsel
For litigants
- If you accept divorce but not the ground, say so clearly; the label can be changed.
- A full and final settlement usually closes all other pending cases.
For counsel
- Consider seeking Article 142 dissolution where fault findings are the real dispute.
- Ask that the decree be made conditional on proof of deposit.
Key Takeaways
- The desertion decree was replaced with a no-fault dissolution.
- Both parties consented to the marriage ending.
- ₹25 lakh, including alimony, was fixed as full and final.
- Payment is through the Registry within two months.
FAQs
Why did the wife appeal if she also wanted a divorce?
She objected to the finding that she had deserted her husband, not to the marriage ending.
What is the effect of dissolution under Article 142?
The marriage ends without any finding of fault against either spouse.
When does the divorce decree take effect?
The decree is to be drawn on proof that the ₹25 lakh has been paid.
Conclusion
The Supreme Court gave both parties what they agreed on, the end of their marriage, while removing a fault label that one of them contested. The money settlement closed every other dispute between them.
Practical takeaway: when only the ground of divorce is disputed, Article 142 can provide a clean, no-fault exit with a final settlement.