SUKANTA DEB Vs. MITHUA BHOWMIK (DEB)

JUDGEMENT

(1.) The instant appeal is filed by the appellant-husband against the judgment dated 02.04.2012, passed by the learned Judge, Family Court, Agartala West Tripura, in T. S. (Divorce) No. 100 of 2011, whereby and whereunder, the learned Judge, Family Court dismissed the suit and allowed the prayer for maintenance in Misc. Case No. 288 of 2010.

(2.) When the appeal is pending for hearing, an application was filed by the husband-appellant and the respondentwife under Order XXIII Rule 3 of the Code of Civil Procedure for divorce on mutual consent, but no agreement was filed along with the said petition.

(3.) Thereafter, another application was filed under Section 151 of the C.P.C., for acceptance of compromise deed which was annexed along with the application. As per the compromise deed, during pendency of the instant Mat. App. No. 11 of 2012, the parties have decided to get a decree of divorce on compromise on condition that the husband-appellant would pay Rs. 7,00,000/- (Rupees Seven Lakhs) to the wife-respondent as onetime settlement in respect of permanent alimony/maintenance and the wife-respondent would not claim any other amount as maintenance or alimony and the present system of payment of Rs. 2000/- per month to the wife-respondent as maintenance, shall be discontinued and the order dated 02.04.2012 passed by the Judge, Family Court in maintenance case being 288 of 2010 shall be recalled.