MUKUL SARMA Vs. SABITA CHAKRABORTY

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 713-714 of 2016, Judgment Date: Feb 01, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                      CIVIL APPEAL NOs. 713-714 OF 2016
            [@ Special Leave Petition (C) No. 5516-5517 of 2015]

      MUKUL SARMA                                Appellant (s)

                                VERSUS

      SABITA CHAKRABORTY                         Respondent(s)

                               J U D G M E N T

KURIAN, J.
1.    Leave granted.
2.    The appellant approached this Court with certain grievances  regarding
permanent alimony to  be  paid  to  the  respondent.   The  High  Court  has
directed payment of Rs. 7,00,000/- for the respondent and Rs.3,00,000/-  for
the child born to the appellant and the responent.
3.    On service of notice on the respondent, through a Legal  Aid  counsel,
the respondent has informed this Court that she is not in a position  to  go
over to Delhi because of certain family circumstances.
4.    Having heard the learned counsel for the  appellant,  we  are  of  the
view that no interference is called for as regards  the  amount  of  alimony
fixed by the  High  Court.   However,  having  regard  to  the  difficulties
personally faced  by  the  appellant,  it  would  be  appropriate  that  the
appellant is granted more time for the payment of  the  amount.   Therefore,
the payment of alimony, as directed by the High  Court,  is  rescheduled  as
under :-
i)    The amount of Rs. 3,00,000/- payable to the  daughter  shall  be  paid
within a period of one month from today.   In  case,  any  amount  has  been
deposited in the Family Court, the same can be duly adjusted.
ii)    As far as the amount of Rs. 7,00,000/- payable to the  respondent  is
concerned, the appellant is permitted to pay Rs.  1,00,000/-  on  or  before
31.05.2016.  Thereafter, the appellant shall pay the amount in  six  monthly
installments of Rs. 1,00,000/- each by the end of each  calender  month  and
the whole payment shall be paid to the respondent by the  end  of  November,
2016.
5.    We make it clear that if there is any consecutive  default  in  making
the payment, as above, apart from the steps to be taken for  execution,  the
appellant shall also be liable to answer in contempt.
6.    With the above directions, the civil appeals are disposed of  with  no
order as to costs.

                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                   [ ROHINTON FALI NARIMAN ]

      New Delhi;
      February 01, 2016.