Case Note & Summary
The case involved a civil appeal concerning a mutual consent divorce decree between the parties. The appellant, Harish Barthwal, was directed to pay a total of Rupees five lakhs to the respondent, Asha Barthwal, as permanent alimony in three equal quarterly instalments. The appellant made the first instalment payment but later sought an extension for the remaining payments, which was denied by the High Court. Consequently, the appellant filed an appeal in the Supreme Court. During the appeal, the appellant deposited an additional sum of Rupees one lakh sixty thousand, bringing the total payment made to Rupees three lakhs eighty-nine thousand. The Supreme Court, after hearing the parties, permitted the appellant to deposit the remaining balance and allowed the respondent to withdraw the amounts deposited. The Court extended the time for payment as per the mutual consent decree, thereby disposing of the civil appeal favorably for the appellant.
Headnote
A) Family Law - Divorce Decree - Extension of Time for Payment of Alimony - Code of Civil Procedure, 1908 - The appellant sought an extension for payment of alimony as per the mutual consent divorce decree, which was initially rejected by the High Court. The Supreme Court allowed the extension of time for payment and permitted the respondent to withdraw the amounts deposited by the appellant. Held that the time granted by the High Court is extended (Paras 1-2).
Issue of Consideration
Whether the time for payment of permanent alimony can be extended under the mutual consent divorce decree.
Final Decision
The Supreme Court extended the time for payment of permanent alimony and permitted the respondent to withdraw the amounts deposited by the appellant.
Law Points
- Mutual consent divorce
- Permanent alimony
- Extension of time for payment
