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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 8094     OF 2013 (@ SPECIAL LEAVE PETITION (C) NO.7936 OF 2010)  

MOUMITA KAR NEE HALDER              APPELLANT(S)

VERSUS

SUBRATA KAR                        RESPONDENT(S)

O R D E R

1. Leave granted.

2. This appeal is directed against the judgment and  

order passed by the High Court of Judicature at Calcutta in  

F.A.NO.29 of 2006, dated 31.03.2009. By the impugned judgment  

and order, the High Court has allowed the petition filed by  

the respondent-husband and has granted a decree of divorce.

3. The respondent herein had filed a petition under  

Section 13B of the Hindu Marriage Act, 1955 before the Trial  

Court for grant of decree of divorce. The Trial Court had  

rejected  the  petition.  Aggrieved  by  the  said  order,  the  

respondent had approached the High Court.  The High Court,  

taking into consideration the pleadings of the parties and the  

evidence on record has come to the conclusion that the relief  

sought  for  by  the  respondent  requires  to  be  granted.  

Accordingly, had allowed the petition and has granted decree  

of divorce.

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4. After disposal of the petition by the High Court,  

the  respondent  has  contracted  a  second  marriage.   At  this  

stage,  it  is   pertinent  to  state  that  the  respondent  was  

blessed with a child in the first marriage.

5. When  we  took  up  the  matter  for  hearing,  we  

suggested to the learned counsel appearing for the parties to  

amicably  settle  the  dispute  and  give  quietus  to  the  

litigation.   

6. On instructions, the respondent would submit that  

to  buy  peace  he  would  pay  a  sum  of  Rs.5  lakhs  to  the  

petitioner-wife and a sum of Rs.15 lacs to the daughter but  

requests  us  to  grant  him  some  reasonable  time  to  pay  the  

aforesaid amount.  

7. Learned counsel for the appellant, on instructions,  

would submit that he has no objection to accept the suggestion  

made by the learned counsel appearing for the respondent.

8. In view of the above, without going into the merits  

of the case, we dispose of the appeal as under:

i) Allegations made by both the parties when the petitions  

were filed before the Court for grant of decree of divorce is  

expunged from the pleadings and the judgment of the Courts  

below;

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ii) We direct both the parties to withdraw all the cases  

that are pending in various forums, including the Court by  

filing appropriate petitions under Section 482 of the Criminal  

Procedure Code, 1973;

iii) We request the High Court, that, if such petitions are  

filed, to take up the petitions at the earliest and dispose of  

the  same  to  give  quietus  to  the  litigations  between  the  

parties, since we have passed a consent decree in this Civil  

Appeal;

iv) We direct the respondent-husband to hand over a bank  

draft to the appellant for a sum of Rs.10 lakhs on or before  

07.10.2013. The respondent shall pay the balance amount of  

Rs.10 lakhs by way of a bank draft to the appellant on or  

before 09.12.2013.   

v) We  also  direct  the  appellant  to  furnish  the  correct  

address as well as the bank account number to the respondent  

so that the respondent will be in a position to faithfully  

comply with the orders and directions.

vi) The respondent shall not commit any default insofar as  

the payments of installments are concerned.  If the respondent  

commits  any  default,  we  permit  the  appellant  to  file  

appropriate  petitions/applications  before  this  Court  for  

appropriate orders;

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vii) We direct the appellant to deposit a sum of Rs.15 lakhs  

in the name of her daughter for a period of 10 years.  The  

appellant  is  permitted  to  use  the  accrued  interest  on  the  

aforesaid  deposit  for  the  purpose  of  the  education  of  the  

child and on a later date the entire amount of money i.e. a  

sum of Rs.15 lakhs towards the expenses of the marriage of the  

daughter.   

9. The  Civil  Appeal  is  disposed  of,  with  these  

observations and directions.  We place our appreciation on  

record for the fairness shown by both the learned counsel for  

the parties.

...........................J. (H.L. DATTU)

...........................J. (SUDHANSU JYOTI MUKHOPADHAYA)

NEW DELHI; SEPTEMBER 10, 2013.