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Sir Mihir Sarkar Vs. Soma Roy (Sarkar) [2008] INSC 2158 (12 December 2008)


CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.7255 OF 2008 (Arising out of S.L.P. (C) No.15130 of 2006) Sir Mihir Sarkar ...Appellant(s) Versus Soma Roy (Sarkar) ...Respondent(s) O R D E R Leave granted.

Heard learned counsel for the parties.

On 4th August, 2008, before this Court, appellant-husband, who had appeared in-person, and his counsel made a statement that the husband is ready to pay, in all, a sum of Rupees five lakhs to the wife for the purpose of marriage and permanent alimony for the maintenance of the child in case the wife is agreeable to suffer mutual consent divorce decree. Learned counsel appearing on behalf of the wife had taken time to obtain instruction. Thereafter, on 1st September, 2008, both the parties were directed to appear before the Secretary, State Legal Services Authority, Agartala, for the purpose of deciding the amount payable by the husband to suffer mutual consent divorce decree. Pursuant to that order, the parties appeared before the Controller-cum-Secretary (Law), Government of Tripura, and ...2/- -2- the husband agreed to pay a sum of Rupees six lakhs by way of permanent alimony to the wife, which amount has been already paid.

From these facts, it appears that both husband and wife have agreed to suffer mutual consent divorce decree.

Accordingly, the appeal is allowed, impugned judgments are set aside and mutual consent divorce decree is granted.

......................J. [B.N. AGRAWAL]

......................J. [G.S. SINGHVI]

New Delhi,

December 12, 2008.


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