Supreme Court Grants Divorce on Ground of Desertion After Continuous Separation Since 2005

Case Snapshot

• Case Name: Bijendra v. Rekha

• Citation: 2026 INSC 939

• Bench: Justice Prashant Kumar Mishra and Justice Shree Chandrashekhar

• Date of Judgment: September 2, 2026

• Area of Law: Family Law, Hindu Marriage Act, Divorce, Desertion

The Judgment in One Line

Divorce granted on ground of desertion where wife refused to return to matrimonial home despite long separation and failed reconciliation.

Why This Judgment Matters

This judgment is significant as it clarifies the essential ingredients of desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955. The Supreme Court held that once a trial court records a finding on desertion and the respondent does not challenge it by way of appeal or cross-objection, that finding attains finality. The Court also emphasized that mere assertion by the wife that she was ready to discharge marital obligations is insufficient when her conduct reflects otherwise—refusal to return to the matrimonial home without reasonable cause establishes both factum of separation and animus deserendi. The judgment also recognizes that long separation without reconciliation is a significant factor in granting divorce.

Background

The marriage between the parties was solemnized on June 23, 2003. The wife allegedly i

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