Pranay
Majumdar Vs. Bina Majumdar [2007] Insc 61 (17 January 2007)
Dr.Ar.Lakshmanan & V.S. Sirpurkar (Arising out of Slp(C) No.7430/2004)
Dr.Ar.Lakshmanan, J.
Delay
condoned.
Leave
granted.
This
appeal is directed against the final judgment/order dt.02.12.2003 passed in FMA
No.1401 of 2000 by the High Court of Calcutta.
The
appellant before us is the husband of the respondent herein.
The
appellant filed an application under Section 27(d) of the Special Marriage Act,
1954 in the City Civil
Court at Calcutta being Matrimonial Suit No.268 of
1991 seeking divorce from the respondent alleging cruelty.
Later,
the suit was transferred to the Family Court, Calcutta and re- numbered as Matrimonial Suit No.103/1995. The suit
filed by the appellant was decreed by the trial court. Aggrieved against the
order of the trial court, the respondent filed F.M.A.No.1401 of 2000 in the
High Court and the High Court by the impugned order, allowed the F.M.A.No.1401
of 2000. Hence, the present appeal has been filed in this Court. During the pendency
of the appeal, we passed the following Order on 26.09.2006 :- "After
hearing both parties, we pass the following Order on 25.08.2006 :- "The
Husband is the petitioner before us, who had filed the petition for divorce
before the Family Court, which was allowed. Aggrieved against the said order,
the respondent-wife filed an appeal before the High Court, which was allowed.
Aggrieved against the order of the High Court, Husband has come up before us by
way of filing the instant special leave petition.
It is
now stated that though the marriage took place on 25.9.1987, the parties are
not living together from 29.6.1990 onwards and there is no hope for the parties
living together peacefully. The learned counsel for the respondent- wife has also
submitted that living together hereafter by both parties is not possible, and
therefore, if suitable compensation by way of permanent alimony is granted, an
order can be passed dissolving the marriage. The learned counsel for the
petitioner-husband offers a sum of Rs.3,00,000/- by way of permanent alimony to
the respondent-wife in full and final settlement of the entire claim. The
learned counsel for the husband further submits that the husband owns certain
land and he can sell the land and pay money to the respondent-wife. For that,
he needs some time. Since a proposal has been made today, we direct the learned
counsel for the respondent-wife to ascertain the views of the respondent and
then report to us. We direct both the parties to be present in person in this
Court on 26th
September, 2006. Post
this matter on 26th
September, 2006
(NMD)." When the matter came up today for hearing, both the parties filed
a Joint Memorandum of Settlement duly signed by all the parties and attested by
the counsel appearing on either side.
The
same is taken on record. The Joint Memorandum of Settlement reads thus :-
-
"That the
petitioner-husband shall pay a sum of Rs.3,00,000/- (Three lacs only) in full
and final settlement of all the claims of the wife towards permanent alimony
within a period of 3 months or earlier by demand draft.
-
That the
respondent wife shall have no claim of any kind including any claim over the
plot of land measuring 2 Kottah 1 Chhittak 15 sq.ft., Naihati No.168 in Dag
No.68 under Municipal Corporation of Halishahar, Mauza: Balibhara, 24 Parganas
(North), West Bengal under sub-Registry of Naihati, registered on 26.2.1988
(WB). The petitioner husband shall be exclusive owner in possession of the said
land.
-
That all
original paper/document pertaining to the aforesaid plot of land which are in
custody of the respondent wife shall be returned to the petitioner, within a
period of 10 days from today.
-
That the
respondent - wife shall not create any obstruction in disposing of the said
plot of land by the petitioner if he so desires.
-
That the said
amount of Rs.3 lacs by demand draft as permanent alimony shall be paid by the
petitioner - husband to the respondent wife within a period of 3 months or
earlier.
On
receipt of the said amount, the Criminal Revision Application pending before
the Calcutta High Court, preferred by the respondent-wife against the order
dt.31.12.2004 passed in M.Case No.38/2000 (T.R.No.64/2000) by the IVth Judicial
Magistrate, Barracpore, West Bengal under Section 125 Cr.P.C. shall stand
withdrawn.
-
That on payment
of the said amount of Rs.3 lacs; the respondent wife shall not claim any future
maintenance for her and/or for her daughter born out of the wedlock with her
first husband.
-
That while
granting the leave, the instant appeal may be allowed and accordingly the
decree of divorce may be granted on the above said terms." Place this
matter on 09.01.2007 for reporting compliance." It is now represented by
the learned counsel for the appellant that pursuant to the joint Memorandum of
Settlement, a sum of Rs.3,00,000/- (three lacs) in full and final settlement of
all the claims of the respondent-wife as a permanent alimony was paid to him by
way of a demand draft. The learned counsel for the respondent-wife has also
stated that he has received the demand draft for a sum of Rs.3,00,000/- (three lacs).
The respondent, as per Memorandum of Settlement, shall not claim any future
claim for her and her daughter who is residing with her first husband. In view
of the settlement now reached between the parties, the order of the High Court
impugned in this appeal is set aside and there will be a decree of divorce as
ordered by the trial court in respect of the appellant and the respondent. The
appeal stands disposed of accordingly. No costs.
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