12 December 2008
Supreme Court
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SIR MIHIR SARKAR Vs SOMA ROY (SARKAR)

Bench: B.N. AGRAWAL,G.S. SINGHVI, , ,
Case number: C.A. No.-007255-007255 / 2008
Diary number: 20277 / 2006
Advocates: RAUF RAHIM Vs RAJIV MEHTA


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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.7255 OF 2008 (Arising out of S.L.P. (C) No.15130 of 2006)

Sir Mihir Sarkar        ...Appellant(s)

Versus

Soma Roy (Sarkar)       ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel for the parties.

On  4th August,  2008,  before  this  Court,  appellant-husband,  who  had

appeared in-person, and his counsel made a statement that the husband is ready to

pay, in all, a sum of Rupees five lakhs to the wife for the purpose of marriage and

permanent alimony for the maintenance of the child in case the wife is agreeable to

suffer mutual consent divorce decree.  Learned counsel appearing on behalf of the

wife had taken time to obtain instruction.  Thereafter, on 1st September, 2008, both

the  parties  were  directed  to  appear  before  the  Secretary,  State  Legal  Services

Authority, Agartala, for the purpose of deciding the amount payable by the husband

to suffer mutual consent divorce decree.  Pursuant to that order, the parties appeared

before the Controller-cum-Secretary (Law),  Government of  Tripura,  and

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the husband agreed to pay a sum of Rupees six lakhs by way of permanent alimony to

the wife, which amount has been already paid.

From these facts, it appears that both husband and wife have agreed to

suffer mutual consent divorce decree.

Accordingly, the appeal is allowed, impugned judgements are set aside and

mutual consent divorce decree is granted.

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

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

New Delhi, December 12, 2008.