Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOs. 713-714 OF 2016
[@ Special Leave Petition (C) No. 5516-5517 of 2015]
MUKUL SARMA Appellant (s)
VERSUS
SABITA CHAKRABORTY Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellant approached this Court with certain
grievances regarding permanent alimony to be paid to
the respondent. The High Court has directed payment
of Rs. 7,00,000/- for the respondent and
Rs.3,00,000/- for the child born to the appellant and
the responent.
JUDGMENT
3. On service of notice on the respondent, through a
Legal Aid counsel, the respondent has informed this
Court that she is not in a position to go over to
Delhi because of certain family circumstances.
4. Having heard the learned counsel for the
appellant, we are of the view that no interference is
called for as regards the amount of alimony fixed by
the High Court. However, having regard to the
difficulties personally faced by the appellant, it
would be appropriate that the appellant is granted
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more time for the payment of the amount. Therefore,
the payment of alimony, as directed by the High
Court, is rescheduled as under :-
i) The amount of Rs. 3,00,000/- payable to the
daughter shall be paid within a period of one month
from today. In case, any amount has been deposited
in the Family Court, the same can be duly adjusted.
ii) As far as the amount of Rs. 7,00,000/- payable
to the respondent is concerned, the appellant is
permitted to pay Rs. 1,00,000/- on or before
31.05.2016. Thereafter, the appellant shall pay the
amount in six monthly installments of Rs. 1,00,000/-
each by the end of each calender month and the whole
payment shall be paid to the respondent by the end of
November, 2016.
5. We make it clear that if there is any consecutive
default in making the payment, as above, apart from
JUDGMENT
the steps to be taken for execution, the appellant
shall also be liable to answer in contempt.
6. With the above directions, the civil appeals are
disposed of with no order as to costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
February 01, 2016.
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