Sri Sushil Chandra Biswas vs Smti. Shibani Sarkar
2021 Latest Caselaw 589 Gua

                                                                                       Page No.# 1/3

GAHC010184182019




                               THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                   Case No. : Mat.App./45/2019

            SRI SUSHIL CHANDRA BISWAS
            S/O- LATE TAGRU BISWAS, R/O- VILL.- BHELAKOBA, P.O. KACHARIHAT,
            P.S. AND DIST.- DHUBRI, ASSAM, PIN- 783334.



            VERSUS

            SMTI. SHIBANI SARKAR
            D/O- LATE SUBASH BISWAS, W/O- SRI SUSHIL CHANDRA BISWAS, R/O-
            WARD NO. 16, R.K. MISSION ROAD, OPPOSITE SHANKARDEV BYE LANE,
            P.O. BIDYAPARA, P.S. AND DIST.- DHUBRI, ASSAM, PIN- 783324



Advocate for the Petitioner    : MR. P K DEKA

Advocate for the Respondent :


                                     BEFORE
                        HONOURABLE MR. JUSTICE SUMAN SHYAM
                        HONOURABLE MR. JUSTICE MIR ALFAZ ALI

                                             ORDER

19.02.2021 (Suman Shyam, J.) Heard Mr. P.K. Deka, learned counsel representing the appellant. Also heard Mr. S. K. Ghosh, learned counsel appearing for the respondent.

Aggrieved by the judgment and order dated 28.05.2019 passed by the Principal Page No.# 2/3

Judge, Family Court, Dhubri in connection with F.C.T.S.(D) Case No. 24/2018, dismissing the suit filed by the appellant seeking dissolution of his marriage with the respondent by means of a decree of divorce, the present appeal has been filed.

During the course of hearing of this appeal, the learned counsel for both the parties have submitted in tandem that the marriage between the parties has irretrievably broken down and, therefore, both parties are willing to go for divorce on mutual consent. However, the bone of contention appears to be the quantum of permanent alimony which the appellant would be required to pay to his wife i.e. respondent.

Taking note of the aforesaid aspect of the matter, this Court had passed order dated 17.02.2021 asking both sides counsel to obtain instruction from their respective clients. Today, when the matter is taken up, Mr. Deka submits that his client is willing to pay a sum of Rs.8,00,000/- (Rupees Eight Lakhs) in total as permanent alimony to respondent provided 4 (four) months' time is granted to pay the amount in three equal installments.

Responding to the above, Mr. S.K. Ghosh submits that his client would have no objection to the decree of divorce if the aforesaid amount is paid by the appellant in three equal installments, within four months from the date of the decree. Mr. Ghosh, however, submits that the first installment should be paid to the respondent on the date on which the decree of divorce is passed by the Court.

Taking note of the submission made by the learned counsels for both the parties, we grant 2 (two) weeks' time to the parties to jointly apply for a decree of divorce on mutual consent by incorporating the terms and conditions for payment of permanent alimony as per the observations made in the order.

We make it clear that out of the sum of Rs. 8,00,000/- the appellant would pay Rs.3,00,000/- as the first installment on the date of decree and the balance amount of Rs.5,00,000/- will be paid within a period of 4 (four) months thereafter in two installments of Rs.3,00,000/- and Rs.2,00,000/- respectively.

Let this matter be listed again for necessary order immediately after the joint application is filed by the parties.

Page No.# 3/3

JUDGE JUDGE

Comparing Assistant