Papiya Sarkar vs. Debdulal Sarkar

SECTION XVII

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

COURT NO.7

Petition(s) for Special Leave to Appeal (C) No(s). 23793/2018

(Arising out of impugned final judgment and order dated 18-01-2018 in FA No. 12/2013 passed by the High Court Of Jharkhand At Ranchi)

PAPIYA SARKAR

Petitioner(s)

VERSUS

DEBDULAL SARKAR

Respondent $(s)$

Date: 21-08-2023 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA

• For Petitioner(s) Mr. Sudeep Dev, Adv. Ms. Srishti Singh, AOR
• For Respondent(s) Mr. Chayan Sarkar, Adv. Ms. Anzu. K. Varkey, AOR Mr. Shailendra Kumar, Adv. Ms. Mahesh Sharma, Adv.

UPON hearing the counsel the Court made the following $0 R D E R$

The petitioner herein, is assailing the judgment dated 18.01.2018 passed by the High Court. The parties herein, were litigating with regard to their marital disputes $\quad\text{and}\quad$ the respondent-husband had filed a petition seeking dissolution of marriage. The Family Court, through its judgment dated 19.12.2012, had dismissed the said petition. The High Court, however, reversed the said order and had dissolved the marriage through its judgment dec 18.01.2018 and also ordered payment of alimony to the extent of Rs. 15 Lakhs to the petitioner-wife.

Since, the petitioner-wife is before this Court, the said

amount of Rs.15 Lakhs, which has been deposited before the Family Court, has not yet been withdrawn by the petitioner-wife. In that background, we have heard the learned counsel for the parties and perused the petition papers.

Insofar as the High Court having taken note that the marriage, which was solemnized between the parties on 10.12.1999, is required to be dissolved, we see no reason to interfere with the ultimate judgment of the High Court ordering dissolution of marriage between the parties.

However, keeping in view the contentions put forth by the parties, the observation as contained in Paragraph-21 of the High Court's judgment shall however, stand expunged and the dissolution, as ordered by the High Court, shall stand confirmed even otherwise.

Insofar as the amount of alimony, keeping in view the fact that the same was ordered as a lum sum amount by the High Court without reference to the financial capacity of the parties or the actual need of the petitioner-wife herein, we clarify that the said amount of Rs. 15 Lakhs shall be treated as the interim alimony, and if the petitioner-wife herein, desires to seek for any additional amount, after withdrawing the amount in deposit it would be open for her to initiate a fresh proceedings under Section 25 of the Hindu Marriage Act, 1955 seeking for such alimony to be determined by the Court concerned. In such proceedings, if filed, the respondent-husband herein, in any event, shall have the liberty to put forth his contentions with regard to his financial capacity and all aspects would be considered by the Court concerned.

2

Insofar as the interest of the daughter, born from the wedlock, who is presently aged about 22 years, in the event of certain expenses arising relating to the marriage of the daughter, the petitioner-wife may bring the same to the notice of the respondent, who shall make appropriate arrangement in that regard. In any event, the said daughter may also avail her own remedies in accordance with law.

In terms of the above, the petition stands disposed of along with the pending application(s), if any.

(NISHA KHULBEY) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR