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AMICUS AI
Citation Codes
Neutral Citations
2007 INSC 53
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Section 27(d) of the Special Marriage Act, 1954
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Cites
Cited by
Citation Codes
Neutral Citations
2007 INSC 53
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Section 27(d) of the Special Marriage Act, 1954
Smart Summary

Factual and Procedural Background

The appellant-husband married the respondent-wife on 25-9-1987. The parties have not lived together since 29-6-1990. In 1991 the husband filed Matrimonial Suit No. 268 of 1991 in the City Civil Court, Calcutta under Section 27(d) of the Special Marriage Act, 1954, alleging cruelty and seeking a decree of divorce. After the matter was transferred to the Family Court, Calcutta (renumbered as Matrimonial Suit No. 103 of 1995), the trial court decreed the suit in the husband’s favour.

The wife appealed in FMA No. 1401 of 2000 before the Calcutta High Court. On 2-12-2003 the High Court allowed her appeal, thereby setting aside the decree of divorce. The husband sought special leave to appeal to the Supreme Court, which condoned the delay and granted leave.

During the pendency of the appeal, the Supreme Court facilitated negotiations between the parties. On 25-8-2006 the husband offered permanent alimony of Rs 3,00,000, and both parties indicated that resumption of cohabitation was impossible. On 26-9-2006 the Court directed the parties to explore settlement. Ultimately, a joint memorandum of settlement—duly signed by the parties and their counsel—was filed, embodying, inter alia, payment of Rs 3,00,000 as permanent alimony and relinquishment by the wife of all claims to certain immovable property. Upon confirmation that payment had been made by demand draft, the Supreme Court proceeded to decide the appeal.

Legal Issues Presented

  1. Whether the decree of divorce granted by the trial court should be restored after having been set aside by the Calcutta High Court.
  2. Whether the appeal could be disposed of on the basis of a negotiated settlement providing for permanent alimony and property arrangements.

Arguments of the Parties

Appellant-Husband's Arguments

  • Asserted that the parties had been separated since 1990 and there was no possibility of reconciliation.
  • Offered to pay Rs 3,00,000 as permanent alimony in full and final settlement of all claims.
  • Stated willingness to sell personal land to finance the payment and requested reasonable time for compliance.

Respondent-Wife's Arguments

  • Conceded that cohabitation was no longer possible.
  • Expressed readiness to accept dissolution of marriage provided suitable permanent alimony was secured.
  • Agreed, through counsel, to waive future claims and release interest in specified immovable property upon receipt of Rs 3,00,000.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Supreme Court’s analysis proceeded in several steps:

  1. Condonation of Delay and Grant of Leave: The Court first condoned the delay in filing and granted leave to appeal, thereby bringing the merits before it.
  2. Assessment of Marital Breakdown: Observing that the parties had lived apart for more than sixteen years and mutually acknowledged irretrievable breakdown, the Court considered consensual dissolution appropriate.
  3. Facilitation of Settlement: The Court actively encouraged settlement, recording on 25-8-2006 the husband’s offer of Rs 3,00,000 and directing both parties to report back after consulting their respective clients.
  4. Acceptance of Joint Memorandum: When the matter was next heard, a written settlement—signed and attested by counsel—was tendered. The Court took the memorandum on record, noting its detailed terms regarding alimony, property rights, and withdrawal of pending criminal revision proceedings.
  5. Verification of Compliance: At the adjourned hearing, the Court confirmed that the husband had paid the agreed sum by demand draft and that the wife had accepted it. This fulfilled the condition precedent in the memorandum.
  6. Setting Aside High Court Order and Restoration of Divorce Decree: Satisfied that the settlement resolved all outstanding claims, the Court exercised its appellate jurisdiction to set aside the High Court’s judgment and reinstated the trial court’s decree of divorce.

Holding and Implications

HELD: The appeal is allowed; the Calcutta High Court’s judgment dated 2-12-2003 is set aside, and a decree of divorce is granted in favour of the appellant-husband on the terms embodied in the joint memorandum of settlement. No order as to costs.

Implications: The marriage between the parties stands dissolved, the wife receives Rs 3,00,000 as permanent alimony, and relinquishes all future maintenance and property claims specified in the settlement. The decision rests on mutual consent and does not establish new legal precedent beyond the parties involved.

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    Pranay Majumdar v. Bina Majumdar .

    Dr. Ar. Lakshmanan, J.— Delay condoned.

    2. Leave granted.

    3. This appeal is directed against the final judgment and order dated 2-12-2003 passed in FMA No. 1401 of 2000 by the High Court of Calcutta.

    4. The appellant before us is the husband of the respondent herein. The appellant filed an application under Section 27(d) of the Special Marriage Act, 1954 in the City Civil Court at Calcutta being Matrimonial Suit No. 268 of 1991 seeking divorce from the respondent alleging cruelty. Later, the suit was transferred to the Family Court, Calcutta and renumbered as Matrimonial Suit No. 103 of 1995. The suit filed by the appellant was decreed by the trial court. Aggrieved against the order of the trial court, the respondent filed FMA No. 1401 of 2000 in the High Court and the High Court by the impugned order, allowed FMA No. 1401 of 2000. Hence, the present appeal has been filed in this Court. During the pendency of the appeal, we passed the following order on 26-9-2006:

    “After hearing both parties, we pass the following order on 25-8-2006:
    The husband is the petitioner before us, who had filed the petition for divorce before the Family Court, which was allowed. Aggrieved against the said order, the respondent wife filed an appeal before the High Court, which was allowed. Aggrieved against the order of the High Court, the husband has come up before us by way of filing the instant special leave petition.
    It is now stated that though the marriage took place on 25-9-1987, the parties are not living together from 29-6-1990 onwards and there is no hope for the parties living together peacefully. The learned counsel for the respondent wife has also submitted that living together hereafter by both parties is not possible, and therefore, if suitable compensation by way of permanent alimony is granted, an order can be passed dissolving the marriage. The learned counsel for the petitioner husband offers a sum of Rs 3,00,000 by way of permanent alimony to the respondent wife in full and final settlement of the entire claim. The learned counsel for the husband further submits that the husband owns certain land and he can sell the land and pay money to the respondent wife. For that, he needs some time. Since a proposal has been made today, we direct the learned counsel for the respondent wife to ascertain the views of the respondent and then report to us. We direct both the parties to be present in person in this Court on 26-9-2006. Post this matter on 26-9-2006 (NMD).”

    5. When the matter came up today for hearing, both the parties filed a joint memorandum of settlement duly signed by all the parties and attested by the counsel appearing on either side. The same is taken on record. The joint memorandum of settlement reads thus:

    “(1) That the petitioner husband shall pay a sum of Rs 3,00,000 (Rupees three lakhs only) in full and final settlement of all the claims of the wife towards permanent alimony within a period of 3 months or earlier by demand draft.
    (2) That the respondent wife shall have no claim of any kind including any claim over the plot of land measuring 2 kottah 1 chhittak 15 sq ft, Naihati No. 168 in Dag No. 68 under Municipal Corporation of Halishahar, Mauza Balibhara, 24 Parganas (North), West Bengal under Sub-Registry of Naihati, registered on 26-2-1988 (W.B). The petitioner husband shall be the exclusive owner in possession of the said land.
    (3) That all original papers/documents pertaining to the aforesaid plot of land which are in custody of the respondent wife shall be returned to the petitioner, within a period of 10 days from today.
    (4) That the respondent wife shall not create any obstruction in disposing of the said plot of land by the petitioner if he so desires.
    (5) That the said amount of Rs 3 lakhs by demand draft as permanent alimony shall be paid by the petitioner husband to the respondent wife within a period of 3 months or earlier. On receipt of the said amount, the criminal revision application pending before the Calcutta High Court, preferred by the respondent wife against the order dated 31-12-2004 passed in Matrimonial Case No. 38 of 2000 (TR No. 64 of 2000) by the IVth Judicial Magistrate, Barrackpore, West Bengal under Section 125 CrPC shall stand withdrawn.
    (6) That on payment of the said amount of Rs 3 lakhs, the respondent wife shall not claim any future maintenance for her and/or for her daughter born from the wedlock with her first husband.
    (7) That while granting the leave, the instant appeal may be allowed and accordingly the decree of divorce may be granted on the abovesaid terms.”

    6. Place this matter on 9-1-2007 for reporting compliance.

    7. It is now represented by the learned counsel for the appellant that pursuant to the joint memorandum of settlement, a sum of Rs 3,00,000 (Rupees three lakhs) in full and final settlement of all the claims of the respondent wife as a permanent alimony was paid to her by way of a demand draft. The learned counsel for the respondent wife has also stated that he has received the demand draft for a sum of Rs 3,00,000 (Rupees three lakhs). The respondent, as per memorandum of settlement, shall not claim any future claim (sic maintenance) for her and her daughter who is residing with her first husband. In view of the settlement now reached between the parties, the order of the High Court impugned in this appeal is set aside and there will be a decree of divorce as ordered by the trial court in respect of the appellant and the respondent. The appeal stands disposed of accordingly. No costs.

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    Comments

    Pranay Majumdar v. Bina Majumdar .
    (Jan 17, 2007)