IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.560 of 2009 SURYA BHUSHAN PRASAD SON OF GANGA PRASAD RAJAK, RESIDENT OF MOHALLA- BHAGIRATH LANE, SULTANGANJ, P.S. SULTANGANJ, TOWN AND DISTRICT- PATNA……………………………………………….APPELLANT Versus SARSUWATI DEVI WIFE OF SURYA BHUSHAN PRASAD, DAUGHTER OF LATE KANHAI LAL, RESIDENT OF MOHALLA, MIRJAWAN KI CHHAUNI, P.S. MAROOFGANJ, PATNA CITY, TOWN AND DISTRICT…. PATNA……………….RESPONDENT ----------- 14 3-8-2010 Heard the parties. By the judgment and order under appeal dated 28th April, 2009 the learned Additional Principal Judge, Family Court, Patna dismissed the Matrimonial case No. 162 of 2002 preferred by the appellant – husband seeking divorce against the respondent-wife on the ground of cruelty and desertion. At the initial stage, while hearing this appeal this Court noticed that admittedly the marriage was solemnized in the year 1965 and since the year 1983 the respondent-wife had permanently left the house of the husband and continued living at her patents house with her children. The issue between the parties was whether husband had acted cruelly as per defence of the respondent or the husband’s case of cruelty was correct. The respondent alleged that the appellant has been living with another woman at a different place and has 2 allegedly solemnized marriage with her. This Court wanted the parties to have a talk and come to an amicable settlement of the dispute. As a result, now the parties have agreed for divorce by mutual consent on payment of permanent alimony of Rs.2,00000/- by the appellant to the respondent-wife.. From the affidavit filed on behalf of appellant on 11-5-2010 it appears that he was willing to pay an amount of Rs.1,50,000/- as permanent alimony but subsequently settlement has been arrived at Rs.2,00000/-. This fact is borne out by order passed by this court on 20th July, 2010 when an amount of Rs.1,50,000/- through four demand drafts whose details are noted in that order was paid to the respondent wife through her counsel. It was recorded in that order that within ten days the remaining amount of Rs. 50,000/- shall be paid by the appellant in this court. Today learned counsel for the appellant has produced before the Court two demand drafts drawn by the State Bank of India, Rajendra Nagar, Patna branch bearing nos. 210388 and 210389, both dated 24-7-2010 for Rs.20,000/- and Rs.30,000/- respectively. Both demand drafts have been 3 handed over to the learned counsel for the respondent just now and he admits that now the entire amount of Rs.2,00000/- by way of permanent alimony has been received by the respondent. In view of terms of mutual settlement of dispute having fulfilled, this appeal is allowed. The judgment and order under appeal are set aside . The prayer for grant of a decree of divorce as made in the Matrimonial Case No. 162 of 2002 is allowed but on mutual consent of both the parties. Permanent alimony of Rs.2,00000/-, as per agreement between the parties, has been paid to the respondent-wife. There shall be no order as to costs. Naresh ( Shiva Kirti Singh, J.) ( B.P. Verma, J )