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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.   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  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.