Supreme Court – Daily Orders
Nimisha Dua vs Vaibhav Oberoi on 23 May, 2025
Author: Surya Kant
Bench: Surya Kant
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.7125 OF 2025
(Arising out of SLP(C) No.8151/2023)
NIMISHA DUA APPELLANT
VERSUS
VAIBHAV OBEROI RESPONDENT
O R D E R
1. Leave granted.
2. The instant appeal was originally directed against
an order dated 07.03.2023 passed by a Division Bench of
the High Court of Delhi in a matrimonial case, whereby
the respondent’s application seeking preservation of call
detail records of the appellant-wife was allowed. The
marriage between the parties was solemnized on
14.01.2021. Soon thereafter, disputes arose leading to
registration of FIR No.247/2021 on 06.11.2021 under
Sections 498A, 406 and 34 of the Indian Penal Code, 1860.
It followed a complaint under the Protection of Women
from Domestic Violence Act, 2005 (in short, the “DV Act”)
and then an anti-injunction suit before the Family Court,
Patiala House, New Delhi. Meanwhile, the appellant-wife
Signature Not Verified
Digitally signed by
ARJUN BISHT
Date: 2025.05.28
17:20:00 IST
also filed a petition seeking decree of divorce.
Reason:
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3. The impugned order directing preservation of the
call records was stayed on 04.05.2023 with a subsequent
modification made by this Court on 29.05.2023.
4. The matter has been taken up on different dates
wherein the parties were impressed upon to amicably
settle the dispute, especially for the reason that the
respondent-husband claims himself to be an Australian
citizen and he further claims that a decree of divorce
was granted in his favour by an Australian Court.
5. Since the marriage was solemnized in India, we had
several reasons in law to disregard the decree and again
emphasized that the parties should amicably resolve the
disputes.
6. Eventually, appellant-wife has filed this
application invoking jurisdiction of this Court under
Article 142 of the Constitution of India to dissolve the
marriage between the parties with mutual consent. The
following prayers are made in the said application:
“a) Allow the present application thereby
dissolving the marriage between the Petitioner
and the Respondent on the ground of its
irretrievable breakdown in exercise of power
under Article 142 of the Constitution of India;
b) Fix an amount towards permanent alimony and
maintenance as may be deemed fit and
appropriate by this Hon’ble Court in the facts
and circumstances of the present case.”2
7. Since the respondent was not signatory to the
above-stated application, opportunity was granted to him
to file an affidavit of consent. The respondent has
consequently filed his affidavit dated 20.05.2025.
Paragraph 5 thereof reads as follows:
“5. I further state that I consent to the
Australian divorce decree being declared null
and void in India, consequent to the grant of
divorce by this Hon’ble Court under Article 142
of the Constitution of India as contained in
Paragraph 3 of the present Affidavit.”
8. The respondent, however, has made a prayer that all
the other cases pending between the parties, including
criminal cases may be annulled.
9. The appellant-wife also has no objection thereto.
10. It is a case where the parties after their marriage
could stay together for hardly a few months and being an
irretrievably broken marriage, we are satisfied that it
is a case to invoke powers under Article 142 of the
Constitution and dissolve their marriage by way of a
decree of divorce. Ordered accordingly. The marriage
between the parties stands dissolved by way of decree of
divorce.
11. Consequently, the alleged decree of divorce passed
by a Court in Australia is declared to be null and void
having no binding effect on the parties.
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12. Resultantly, the following cases also stand
quashed/resolved/disposed of:
(i) Complaint Case No.8/2022, titled ‘Nimisha Dua vs.
Vaibhav Oberoi and Ors’, filed by the appellant-wife
under DV Act, pending before the MM, Mahila Court,
Patiala House Court, New Delhi and all other proceedings
arising therefrom are hereby quashed.
(ii) HMA No.426/2022, titled ‘Nimisha Dua vs. Vaibhav
Oberoi’, filed by appellant-wife for decree of divorce,
pending before the Family Court, Patiala House Court, New
Delhi is rendered infructuous as the decree of divorce by
mutual consent has been granted to the parties. The same
is, accordingly, disposed of.
(iii) C.S. No.6/2022, titled ‘Nimisha Dua vs. Vaibhav
Oberoi’, anti-suit injunction filed by appellant-wife, is
also rendered infructuous in view of the fact that their
marriage has been dissolved by way of decree of divorce
by mutual consent and the decree of divorce obtained from
Australia, which the respondent has been relying upon,
has been declared null and void. The same is,
accordingly, disposed of.
(iv) Misc. No.31/2023, titled ‘Nimisha Dua vs. Vaibhav
Oberoi’, filed by appellant-wife under Order 39 Rule 2A,
pending before the Family Court, Patiala House Court, New
Delhi, has also become infructuous and is disposed of
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accordingly.
(v) CRC No.54688/2024, titled ‘Nimisha Dua vs. Vaibhav
Oberoi and Ors.’, filed by appellant-wife has arisen out
of FIR No.247/2021 and is pending before the Metropolitan
Magistrate, Mahila Court, Patiala House Court, New Delhi.
In view of the settlement between the parties and the
fact that they have parted ways by way of a decree of
divorce by mutual consent, the above-stated criminal
complaint and all the proceedings arising therefrom are
hereby quashed.
(vi) C.A. No.170/2024, titled ‘Nimisha Dua vs. Vaibhav
Oberoi’ filed by appellant-wife under Section 29 of the
D.V. Act, is hereby disposed of as having become
infructuous.
(vii) C.A. No.93/2025, titled ‘Nimisha Dua vs. Vaibhav
Oberoi’ filed by appellant-wife under Section 29 of the
DV Act, is hereby disposed of as having become
infructuous.
(viii) C.A. No.39/2023, titled ‘Surinder Oberoi vs. State
NCT of Delhi’. In view of the fact that the marriage
between the parties stands dissolved and no relationship
whatsoever is now subsisting, the orders passed regarding
preservation of the call records are hereby quashed and
the proceedings in relation thereto are rendered
infructuous. Ordered accordingly.
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13. The parties shall abide by the terms and conditions
of this order and as per the undertaking given through
their affidavits.
14. The appeal is disposed of in the above terms.
… ……………….J.
(SURYA KANT)
……………………J.
(NONGMEIKAPAM KOTISWAR SINGH)
New Delhi
May 23, 2025
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ITEM NO.52 COURT NO.2 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).8151/2023
[Arising out of impugned final judgment and order dated 07-03-2023
in MATAPP(FC) No.52/2023 passed by the High Court of Delhi at New
Delhi]
NIMISHA DUA Petitioner(s)
VERSUS
VAIBHAV OBEROI Respondent(s)
(IA No.110260/2023 – APPLICATION FOR PERMISSION, IA No. 104253/2023
– APPLICATION FOR VACATION OF INTERIM ORDER, IA No. 80714/2023 –
EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No.
90557/2024 – PASSING APPROPRIATE ORDER OR DECREE UNDER ARTICLE 142
OF THE CONSTITUTION, IA No. 80713/2023 – PERMISSION TO FILE
ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA No. 251517/2023 –
PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA
No.104958/2023 – VACATING STAY)
Date : 23-05-2025 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH
For Petitioner(s) :Mr. Gautam Narayan, Sr. Adv.
Ms. Ashmita, Adv.
Mr. Yashaswi Sk Chocksey, Adv.
Mr. Krishna Kumar Singh, AOR
For Respondent(s) :Mr. Prashant Mendiratta, Adv.
Ms. Somyashree, Adv.
Ms. Aditi Chaudhary, Adv.
Mr. Mandeep Kalra, AOR
Ms. Anushna Satapathy, Adv.
Ms. Radhika Jalan, Adv.
Ms. Widaphi Lyngdoh, Adv.
Mr. Yashas J, Adv.
Ms. Shweta Singh, Adv.
Ms. Ashi Sharma, Adv.
Mr. Vaibhav Yadav, Adv.
Mr. Paras Mohan Sharma, Adv.
Ms. Shefali Tripathi, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. Leave granted.
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2. The appeal is disposed of in terms of the signed order.
3. All pending applications, if any, also stand disposed of.
(ARJUN BISHT) (PREETHI T.C.)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(signed order is placed on the file)
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