PRAMLLAversusRAMESHWAR AND ANR.
- Citation
- 1995 INSC 686
- Decided
- 3 November 1995
- Disposal
- Disposed off
Holding
The Court granted a decree of divorce by mutual consent under Section 13‑B, effective from 22 December 1989, and ordered the husband to pay Rs 700 monthly, enforceable by arrest for default.
Summary
The wife appealed to the Supreme Court under Section 13‑B of the Hindu Marriage Act, seeking a decree of divorce by mutual consent and alimony. The parties, at the Court's suggestion, agreed that the husband would pay the wife Rs 700 per month starting 1 November 1995, with payment due by the 5th of each month. The Court ordered that all pending proceedings between the parties be closed and that a decree of divorce by mutual consent be granted, effective from the date of the lower appellate Court’s judgment (22 December 1989). It also provided that any default in alimony payment could be remedied by arrest and detention of the husband. The appeal was disposed of in favour of the wife, with no costs awarded.
Issues considered
- Whether a decree of divorce by mutual consent under Section 13‑B can be granted with retrospective effect from the date of a lower appellate judgment.
- Whether the Court can order monthly alimony and enforce payment through arrest for default.
Legislation cited
- Hindu Marriage Act, 1955s. 13-B
Subjects
Judgment
A PRAMlLA
• v.
RAMESHWAR AND ANR.
NOVEMBER 3, 1995
B [K. RAMASWAMY AND B.L. HANSARIA, JJ.]
Hindu Maniage Act, 1955.
S.13-B--Divorce by mutual consent-At the instance of the Court,
C parties agreeing to settle the dL1pute on husband paying wife Rs. 700 per
month-Decree of divorce by mutual consent to be effective from date of
judgment of lower appellate Cowt.
In the present appeal by special leave arising out of the proceedings
under S.13-B of the Hindu Marriage Act, 1955, the parties agreed to settle
D the dispute on the suggestions given by this Court.
Disposing of the appeal filed by the wife, this Court
HELD : Respondent No. 1 would pay to appellant a sum of Rs. 700
(Rupees Seven hundred) per month starting from November 1, 1995 on or
E 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, 1955 with effect
from the date of the judgment of the lower appellate Court, i.e., from
December 22, 1989. (769-B]
F CIVIL APPELLATE JURISDICTION : Civil Appeal No. 10261 of
1995.
From the Judgment and Order dated 8.8.90 of the Bombay High
Court in Second Appeal No. 171 of 1990.
G A.M. Khanwilkar and Mrs. V.D. Khanna for the Appellant.
V.C. Daga and Mrs. Vrinda Dhar for the Respondents.
The following Order of the Court was delivered :
H Leave granted.
768
·-
PRAMILAv. RAMESHWAR 769
We have heard learned counsel for the parties, they agreed across A
the Bar, at the suggestion of the Court , that respondent No. 1 would pay
to the appellant 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
B
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.
The appeal is disposed of accordingly. No costs. C
R.P. Appeal disposed of.
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