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Judgment
Heard learned counsel for the appellant and learned counsel for the respondent.
This appeal has been filed against the Judgment and Decree dated 26th November 2014, whereby the suit of dissolution of marriage with a decree of divorce filed under Sections 13(1)(1-a)(1-b) and (vi) of The Hindu Marriage Act, has been dismissed by the learned Principal Judge, Family Court, Hazaribagh, on merits.
Admittedly, the marriage between the parties had taken place on 1.7.2002. According to the appellant, the respondent left the matrimonial home on 22.2.2004 and thereafter, they are living separately. According to the respondent''s case, she lived with the appellant till 1.9.2007 and thereafter she was turned out of the matrimonial home. The fact remains that she admitted in her evidence in the Court below that she is living at her in-laws'' place in village Kaler, in the district of Gaya in the State of Bihar, from the year 2008. However, it is an admitted fact that there is no cohabitation between the parties.
Having heard learned counsels for both the sides, we find that this is a case of irretrievable breakdown of marriage between the parties as they are still living separately and there is no chance of cohabitation between the parties.
In the facts of this case, learned counsel for the respondent, upon taking instructions from the respondent, submitted that the respondent is also ready for a decree for divorce from the appellant, subject to the conditions of one time lump sum payment for her maintenance and also making the provision for her accommodation.
On the last occasion, when the matter was taken up, this Court, taking into consideration the fact that the appellant is a Lecturer in an affiliated collage, gave a proposal to the appellant to make the lump sum payment of Rs.20,00,000/- to the respondent and also allow her to live in a portion of house at her in-laws'' place, in which, she is presently residing. These conditions were acceptable to the respondent also, who was present in this Court in person.
Pursuant to the said proposal, a supplementary affidavit has been filed by the appellant, in which, it is undertaken by the appellant that he shall make the lump sum payment of Rs.20,00,000/- to the respondent towards the permanent alimony and maintenance within a period of six months. He has also undertaken in the supplementary affidavit that the respondent shall be allowed to live in his ancestral house at village Kaler, within the district of Gaya in the State of Bihar, where she is residing in two rooms with attached bathroom and having entrance through Aangan, which is the share of the appellant in the said house. It is also stated that the respondent shall not be permitted to sell, transfer or let out on rent the said two rooms to anyone else and should be exclusively used for her accommodation. We find these conditions to be very fair.
In the supplementary affidavit, the appellant has also stated that he has already deposited the amount of maintenance being Rs.1500/- per month pursuant to the order dated 19.1.2015 passed by this Court in Cr. Revision No.1034 of 2014 and he has deposited the amount till September 2016 in the Nazarat of the Civil Court, Hazaribagh. The fact, however, remains that the order dated 19.1.2015 is only an ad interim order passed in Cr. Revision No.1034 of 2014 for making the part payment of maintenance amount allowed by the Family Court, Hazaribagh in Maintenance Case No.155 of 2007, whereby, the appellant was directed to pay Rs.3,000/- per month to the respondent w.e.f. the date of application, i.e., 14.12.2007. Learned counsel for the appellant, upon seeking instructions from the appellant, submits that the entire amount of maintenance allowed by the learned Principal Judge, Family Court, Hazaribagh in Maintenance Case No.155 of 2007, shall also to be paid to the respondent along with the amount of Rs.20,00,000/- as agreed today to be paid to the respondent.
We direct that upon satisfaction of the order dated 9.9.2014 passed by learned Principal Judge, Family Court, Hazaribagh, in the maintenance case No.155 of 2007, the respondent shall withdraw the said Cr. Revision No.1034 of 2014.
It goes without saying that the amount of maintenance already paid, pursuant to the order dated 9.9.2014 passed in Maintenance Case No.155 of 2007, if any, and order dated 19.1.2015 passed by this Court in Cr. Revision No.1034 of 2014, shall be accounted for, while making the full payment of maintenance as per order dated 9.9.2014 passed in Maintenance Case No.155 of 2007, and only the balance of the amount shall be paid to the respondent.
In view of the undertaking as above, the appellant is hereby, allowed the period of six months for making the payments, and he is directed to be present in Court with the demand draft for the amount of Rs.20,00,000/- and the amount of maintenance as aforesaid, in favour of the respondent on the next date fixed in the matter.
At the request of the learned counsel for the appellant, put up the matter on 14th June 2017, on which date, both the parties are directed to remain present in person.