Pramila Vs. Rameshwar & Anr.
EmailAppeal: Civil Appeal No.10261 Of 1995
(Arising out of SLP (C) No. 7599 of 1995)
(Arising out of SLP (C) No. 7599 of 1995)
Petitioner: Pramila
Respondent: Rameshwar & Anr.
Apeal: Civil Appeal No.10261 Of 1995
(Arising out of SLP (C) No. 7599 of 1995)
(Arising out of SLP (C) No. 7599 of 1995)
Judges: K. RAMASWAMY & B.L. HANSARIA, JJ.
Date of Judgment: Nov 03, 1995
Head Note:
MATRIMONIAL LAW
Practice and Procedure
Divorce – Pending proceedings closed – Divorce by mutual consent to be effective from the date of judgment of the lower court – Respondents to pay alimony – In case of default appellant at liberty to have the same recovered by arrest and detention in prison – Hindu Marriage Act, 1956, section 13-B.
JUDGEMENT:
O R D E R
1. Leave granted.
2. We have heard learned counsel for the parties. They agreed across the Bar, at the suggestion of the Court, that respondent NO.1 would pay to respondent a sum of Rs.700/- (Rupees seven hundred) per month starting from November 1, 1995 on or before 5th of every succeeding month. All the pending proceedings between the parties stand closed. There shall be a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1956, with effect from the date of the judgment of the lower appellate court, i.e., from December 22, 1989. In case the respondents commit any default in payment of alimony the appellant would be at liberty to have it recovered by arrest and detention in prison.
3. The appeal is disposed of accordingly. No costs.
1. Leave granted.
2. We have heard learned counsel for the parties. They agreed across the Bar, at the suggestion of the Court, that respondent NO.1 would pay to respondent a sum of Rs.700/- (Rupees seven hundred) per month starting from November 1, 1995 on or before 5th of every succeeding month. All the pending proceedings between the parties stand closed. There shall be a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1956, with effect from the date of the judgment of the lower appellate court, i.e., from December 22, 1989. In case the respondents commit any default in payment of alimony the appellant would be at liberty to have it recovered by arrest and detention in prison.
3. The appeal is disposed of accordingly. No costs.
