The Supreme Court has dissolved the marriage of Bijendra and Rekha, holding that the wife’s conduct and prolonged separation established desertion under the Hindu Marriage Act. The Court also directed the husband to pay ₹7 lakh as permanent alimony to the wife.
A Bench of Justice Prashant Kumar Mishra and Justice Shree Chandrashekhar delivered the judgment on September 2, 2026, in Civil Appeal No. 10249 of 2014. The parties had been living separately since 2005, with attempts at reconciliation having failed.
Background of the Case
Bijendra and Rekha married on June 23, 2003. According to the record, Rekha went to her parental home on November 30, 2005. When Bijendra went to bring her back on December 15, 2005, she did not return with him. The parties thereafter remained separate and did not resume their matrimonial relationship. No children were born from the marriage.
Bijendra approached the Trial Court in 2007 seeking divorce on the grounds of desertion and mental cruelty. While the Trial Court did not find the allegations of cruelty sufficiently proved, it recorded a finding that Rekha had deserted him from December 15, 2005. Despite this finding, it dismissed the divorce petition.
The High Court later upheld the refusal of divorce, observing that mere physical separation did not establish desertion and that Bijendra had failed to prove “animus deserendi”, meaning an intention to permanently end matrimonial cohabitation.
Supreme Court’s Observation
The Supreme Court examined whether the evidence was sufficient to establish desertion. It noted that the parties had undisputedly remained apart since December 15, 2005.
Referring to earlier decisions, the Court explained that desertion is not simply about living separately. It involves separation along with an intention to permanently bring cohabitation to an end. The Court also noted that such intention can be inferred from the conduct and surrounding circumstances of the parties.
The Bench found that the wife’s statement that she was willing to discharge her marital obligations could not, by itself, determine the issue when her conduct indicated otherwise.
The Court observed:
“Considering that it was proven before the Trial Court that the parties had not cohabited with each other since December 2005, in our view, the High Court was wrong in inferring that there was no intention on the part of the respondent to desert the appellant.”
The Court further noted that Bijendra had gone with Ram Prakash to bring Rekha back to the matrimonial home, but she refused to accompany them. According to the Bench, this conduct supported the finding of desertion.
Decision
The Supreme Court held that Rekha had abandoned the matrimonial relationship and that Bijendra had established the ground of desertion. However, it declined to disturb the findings of the lower courts regarding cruelty.
The marriage solemnized on June 23, 2003, was therefore dissolved by a decree of divorce under Section 13(1)(ib) of the Hindu Marriage Act. The Court directed Bijendra to deposit ₹7 lakh as permanent alimony before the Trial Court within three months.
If unpaid within that period, the amount would carry 9% annual interest.
Case Details
- Case Title: Bijendra v. Rekha
- Case Number: Civil Appeal No. 10249 of 2014
- Judges: Justice Prashant Kumar Mishra and Justice Shree Chandrashekhar
- Decision Date: September 2, 2026
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