IN THE HIGH COURT OF JUDICATURE AT PATNA
MA No.634 of 2009
Alok Priya Darshi son of Dr. Rabindra Pd. Tiwari resident of Mohalla
E/B Peoples Cooperative Colony Kankarbagh PS Kankarbagh, District Patna ...Appellant
Versus
Mrs. Anupama pandey W/o Alok Priya Darshi at present residing at Sector 3
H-S-F Block 4/1 HIG Flat No. 12, Bahadurpur Housing Colony, Patna 26 ...Respondent
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19 27-08-2010 Heard the parties.
The matter was adjourned on 16-8-2010 to
enable the counsel for the appellant to find out as to
whether the appellant was willing to offer a reasonable
and acceptable amount of permanent alimony because on
our persuasion the respondent, who had appeared along
with her counsel on the last date, had agreed that in the
interest of all concerned and for education of her son,
who is now aged about 12 years, she can give her
consent for divorce provided the appellant is willing to
offer a reasonable and decent lumpsum amount by way
of permanent alimony.
It is a matter of satisfaction that today the
appellant has offered to pay a lumpsum alimony of Rs.
12.5 lacs to the respondent if she agrees for a divorce by
consent. According to the appellant the respondent will
be paid Rs. 5 lacs within one week and the balance
amount of Rs. 7.5 lacs will be paid to her within a period
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of six months from today. It was suggested on behalf of
the appellant that on account of good sense prevailing
amongst the parties the criminal case lodged by the
respondent should also be either withdrawn or
compromised as that is a complaint case within the
control of the respondent.
On behalf of respondent the aforesaid offer has
been accepted and as a result the respondent has
expressed her consent for awarding a decree of divorce
on mutual consent.
We had heard the parties earlier and had found
that although the respondent was willing to live with
appellant and maintain the matrimonial ties but the
appellant for some reason had been unable to give the
marriage another chance. From the facts it was clear that
the marriage has broken down irretrievably. In such
circumstances and in view of aforesaid consent of both
the parties, both for dissolution of marriage by a decree
of divorce and for permanent alimony this Miscellaneous
Appeal is finally disposed of. The order under appeal
refusing to grant divorce is set aside and is replaced by a
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decree for dissolution of marriage between the appellant
and respondent by mutual consent.
In the facts of the case, the complaint case
lodged by the respondent bearing no. 913(c)/2001 said to
be pending in the court of a Judicial Magistrate 1st Class,
Patna shall be compromised, withdrawn or abandoned
within the aforesaid period of six months. Since the son
of respondent is aged about 12 years, we expect the
respondent to keep aside a reasonable part of the alimony
for studies of her son.
It is made clear that in case the terms of
compromise, particularly, relating to payment of the
amount of Rs. 12.5 lacs within the time frame are not
followed then either of the party will be at liberty to
move this court for appropriate orders.
The appeal is, thus, finally disposed of. No
costs.
(Shiva Kirti Singh, J.)
BKS/- (Hemant Kumar Srivastava, J.)