Full Judgment Text
IN THE SUPREME COURT OF INDIA
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.
th
On 4 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
st
wife had taken time to obtain instruction. Thereafter, on 1 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
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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.