Hari Ram Sharma Vs.
Naraini Devi Sharma [2008] INSC 2142 (12 December 2008)
Judgment
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 judgements 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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