Case Note & Summary
The dispute involved a civil appeal concerning a mutual consent divorce between the appellant-husband and the respondent-wife. The appellant expressed willingness to pay a total of Rupees five lakhs for marriage and permanent alimony for child maintenance, contingent upon the wife's agreement to a mutual consent divorce. Following this, both parties were directed to appear before the Secretary of the State Legal Services Authority in Agartala to finalize the alimony amount. Subsequently, the husband agreed to pay Rupees six lakhs as permanent alimony, which was duly paid. Given the mutual agreement between the parties, the Supreme Court allowed the appeal, set aside the previous judgments, and granted the mutual consent divorce decree. The court's decision was based on the clear agreement reached by both parties regarding the terms of the divorce and alimony.
Headnote
A) Family Law - Mutual Consent Divorce - Grant of Divorce Decree - Code of Civil Procedure, 1908 - The parties agreed to a mutual consent divorce after negotiations regarding permanent alimony. The husband committed to pay a sum of Rupees six lakhs as permanent alimony, which was paid, leading to the granting of the divorce decree. Held that the mutual consent divorce was appropriate given the circumstances (Paras Not mentioned).
Issue of Consideration
Whether the parties should be granted a mutual consent divorce decree based on their agreement.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned judgments, and granted the mutual consent divorce decree based on the agreement reached by the parties regarding alimony.
Law Points
- Mutual consent divorce
- Permanent alimony
- Maintenance of child
