IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3591 OF 2008 (Arising out of S.L.P. (C) No.11934 of 2007)

Harish Barthwal          ...Appellant(s)

Versus

Asha Barthwal      ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel for the parties.

In spite of service of notice, nobody has entered appearance to contest the

prayer made in this appeal.

It appears that in First Appeal No.43 of 2002 on 24th July, 2006, a mutual

consent divorce decree was passed whereunder the husband was directed to pay a

sum of Rupees five lakhs to the wife by way of permanent alimony in three equal

quarterly instalments of Rs.1,66,666.50.  The appellant is said to have made payment

of first instalment and filed a petition for extension of time for making payment of

other  two  instalments,  which  prayer  has  been  rejected  by  the  impugned  order.

Hence, this appeal by special leave.

During the pendency of this appeal, by virtue of order of this Court, the

appellant has further deposited a sum  of Rupees one lakh sixty thousand  before  the

Registrar

....2/-

- 2 -

of the High Court.  It has been stated that in all the appellant has made payment of

Rupees three lakhs eighty nine thousand out of Rupees five lakhs.  The counsel for the

appellant,  who is having a bank draft for the balance amount of Rupees one lakh

elevan thousand is permitted to deposit the same with the Registrar of the High Court

within  a  period  of  two weeks from today.   The  respondent  shall  be  permitted to

withdraw the amounts deposited by the appellant before the Registrar of the High

Court.

In view of these facts, time granted by the High Court by consent decree

dated 24th July, 2006, is, accordingly, extended.

The civil appeal is, accordingly, disposed of.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, May 15, 2008.