Holding

The Supreme Court held that the parties’ settlement, including payment of permanent alimony and waiver of future claims, validly extinguishes the wife’s claims, and therefore the High Court order is set aside and the trial court’s decree of divorce is restored.

Summary

The husband filed a petition for divorce under Section 27(d) of the Special Marriage Act, alleging cruelty. The trial court decreed divorce, but the High Court set aside that decree. While the appeal was pending before the Supreme Court, the parties executed a Joint Memorandum of Settlement wherein the husband agreed to pay Rs.3,00,000 as permanent alimony and the wife relinquished all future claims, including rights over a plot of land and maintenance for herself and her daughter. The Supreme Court accepted the settlement, held that it extinguished the wife’s claims, and set aside the High Court order, restoring the trial court’s decree of divorce. Consequently, the appeal was disposed of and the divorce decree was granted.

Issues considered

Whether a settlement involving permanent alimony and waiver of future claims can be accepted under Section 27(d) of the Special Marriage Act to grant a decree of divorce.
Whether the Supreme Court can set aside the High Court’s reversal of the trial court’s divorce decree in view of the parties’ settlement.

Legislation cited

Special Marriage Act, 1954s. 27(d)

Subjects

divorceSpecial Marriage ActSection 27(d)permanent alimonysettlementjoint memorandum of settlementfamily lawmaternity suit

Judgment

PRANAY MAJUMDAR A
- t v.
BINA MAJUMDAR

I JANUARY17,2007

[DR. AR. LAKSHMANAN AND V.S. SIRPURKAR, JJ.] B
Special Marriage Act, 1954-S.27(d)-Divorce petition-Settlement-
Parties not living together since I 7 years-Living together peacefully by
both parties not possible-Offer of husband of Rs.3 lacs by way of
permanent alimony_ to wife in full and final settlement, accepted by wife-
Decree of divorce granted c
Appellant-husband filed a suit for divorce. Trial Court decreed the
same. On appeal, High Court set aside the decree.

Husband filed appeal before this Court. This Court passed an order D
on 26.9.2006 that the parties are not living together since 1990 and there
is no hope for parties living together peacefully. Appellant-husband offered
"r a sum of Rs.3 lacs by way of permanent alimony to wife in full and final
settlement of the entire claim. This Court directed wife to consider the
offer. Both the parties filed a Joint Memorandum of settlement duly signed
by all the parties. E

Disposing of the appeal, the Court

HELD: It is represented by the appellant-husband that pursuant to the
joint Memorandum of Settlement, a sum of Rs.3 lacs in full and final
settlement of all the claims of the respondent-wife as a permanent alimony
F
was paid to her by way of a demand draft. The respondent-wife has also
""'11
stated that she has received the demand draft for a sum of Rs.3,00,000
(three lacs). The respondent, as per Memorandum of Settlement, would not
claim any future claim for her and her daughter who is residing with her
first husband. In view of the settlement now reached between the parties, G
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. [Para 6) [1092-E-F}

-..... CIVIL APPELLATE JURISDICTION: Civil Appeal No. 267 of2007.
H
1089

"--
y
1090 SUPREME COURT REPORTS (2007] 1 S.C.R.

A From the Final Judgment/Order dated 2.12.2003 of the High Court of + ;._.
Calcutta in F.M.A. No. 1401/2000.

S.B. Upadhyay, Sr. Adv., Santosh Mishra, Shiv Mangal Sharma and
Sharmila Upadhyay for the Appellant.

B Anoop Kumar Srivastava and Rameshwar Prasad Goyal for the
Respondent.

The Judgment of the Court was delivered by

DR. AR. LAKSHMANAN, J. : Delay condoned.
c
2. Leave granted.

3. This appeal is directed against the final Judgment/Order dt.02.12.2003
passed in FMA No.1401 of 2000 by the High Court of Calcutta.

D 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.268of1991 seeking divorce from the respondent alleging cruelty. Later,
the suit was transferred to the Family Court, Calcutta and re-numbered as
E Matrimonial Suit No.10311995. The suit filed by the appellant was decreed
by the trial court. Aggrieved against the order of the trial court, the
respondent filed F.M.A.No.1401 of 2000 in the High Court and the High
Court by the impugned order, allowed the F.M.A.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 26.09.2006 :-
F
"After hearing both parties, we pass the following Order on
25.08.2006 :-

"The Husband is the petitioner before us, who had filed the
petition for divorce before the Family Court, which was allowed.
G 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, 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,
H
PRANAY MAJUMDAR v. BINA MAJUMDAR [LAKSHMANAN. J.] 1091

the parties are not living together from 29.6.1990 onwards and there A
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
B
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 C
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 26th September, 2006. Post
this matter on 26th September, 2006 (NMD)."
D
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 : -

E
"(l) That the petitioner-husband shall pay a sum of Rs.3,00,000
(Three lacs 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 F
l
including any claim over the plot of land measuring 2 Kottah l
Chhittak 15 sq.ft., Naihati No.168 in Dag No.68 under Municipal
Corporation ofHalishahar, Mauza: Balibhara, 24 Parganas (North),
West Bengal under sub-Registry ofNaihati, registered on 26.2.1988
(WB). The petitioner husband shall be exclusive owner in possession G
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. H
109.2 SUPREME COURT REPORTS [2007] 1 S.C.R

A (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 lacs 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
B of the said amount, the Criminal Revision Application pending
before the Calcutta High Court, preferred by the respondent-wife
against the order dt.31.12.2004 passed in M.Case No.38/2000
(T.R.No.64/2000) by the IVth Judicial Magistrate, Barracpore, West
Bengal under Section 125 Cr.P.C. shall stand withdrawn.
c (6} That on .·payment of the said amount of Rs.3 lacs; the
respondent wife shall not claim any futtire maintenance for her and/
or for her daughter born out of the wedlock with her first husband.

(7) That while granting the leave, the instant appeal may be
D allowed and accordingly the decree of divorce may be granted on
the above said terms." ·

Place this matter on 09.01.2007 for reporting compliance." '

6. It is now represented by t~atned c~mnsel for the appellant that
E pursuant to the Joint Memorandum of Settlement, a sum ofRs.3,00,000 (three
lacs) in full and final settlement of all the claims of the respondent-wife as
a permanent alimony was paid to him 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 (three lacs). The respondent, ac; per
Memorandum of Settlement, shall not claim any future claim for her and her
F 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.
G

-
D.G. Appeal disposed of.