MOUMITA KAR NEE HALDER Vs SUBRATA KAR
Bench: H.L. DATTU,SUDHANSU JYOTI MUKHOPADHAYA
Case number: SLP(C) No.-007936-007936 / 2010
Diary number: 4304 / 2010
Advocates: Vs
ABHIJIT SENGUPTA
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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.