← Library
Calcutta High CourtFAT/3/2020dismissed

Tarun Kumar Saha v. Smt. Pampi Alam

2025-05-20Hon'Ble Justice Rajasekhar Mantha,Hon'Ble Justice Ajay Kumar Gupta3 pages

20.05.2025 Court No.1 Item No.17 pk/AP HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI FAT 3 of 2020 Sri Tarun Kumar Saha Vs.

Smt. Pampi Alam Mr. Amalesh Ray, Senior Advocate Ms. Prerna Mitra Ms. Debashree Biswas ... For the Appellant/Husband.

Mr. Bikramaditya Ghosh Mr. Hillol Saha Podder Ms. Mousumi Das ... For the Opposite Party/Wife.

1.

The appellant/husband and opposite party/wife are present in Court.

2.

The husband has agreed to pay a sum of Rs.25,00,000/- in two installments as permanent one time alimony to the opposite party/wife.

3.

The opposite party/wife accepts the same unconditionally.

4.

Having regard to the fact that the parties have been residing separately for more than eleven years, this Court is of the view that the marriage has irretrievably broken down. The parties have agreed to a divorce by a mutual consent waiving any period under the Statute. The parties have admittedly been litigating since the year 2017.

5.

In view of the above, upon payment of a total sum of Rs.25,00,000/- in two installments, the first of which shall be paid by 7th June, 2025 and the 2nd installment along with a sum of Rs.3,00,000/- towards arrear of maintenance in proceedings under Section 125 of the Cr.P.C. shall be paid by 30th July, 2025, there shall be a decree for divorce between the appellant/husband Sri Tarun Kumar Saha and the opposite party/wife Smt. Pampi Alam. Upon payment of the aforesaid sums all claims and counter claims on any account whatsoever and howsoever shall stand settled permanently, fully and completely.

6.

The decree shall be effective upon payment of the aforesaid sums fully and completely. In default of payment of any of the installment, the decree shall be set aside automatically and the appeal being FAT 3 of 2020 shall stand dismissed.

7.

Let a copy of this order be sent to the Court below for formal drawing up a decree.

8.

In view of the above, the instant appeal is disposed of. Consequently all connected pending applications, if any, is also disposed of.

9.

There shall be no order as to costs.

10.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all formalities.

(Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)