IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.735 of 2009 KAMLESH SHARMA son of Rajdeo Sharma, R/O-Village-Raghunathpur, P.S. Paliganj, Distt-Patna, presently residing at Awadhpur Colony, P.S. Digha, Distt- Patna………………Petitioner/appellant Versus 1. SMT. RENU DEVI W/O Kamlesh Sharma, R/O, Village-Dadopur, P.S. & P.O. Bikram, presently residing at Mohalla- Mithapur, Patna, P.S., Jakkanpur, Distt- Patna. 2. Krishnadeo Sharma son of Sri Tribhuan Sharma, R.O. Mohalla-Mithapur, Patna, P.S., Jakkanpur, District-Patna………..Respondents ----------- 17. 12-01-2010 Heard Sri Shashi Shekhar Dviwedi, learned Sr. Advocate for the appellant and Sri V. Nath learned counsel for the respondents. This appeal was labelled as a First Appeal at the time of its filing in the year 1999 but later it has been converted into a Miscellaneous Appeal in view of a recent Full Bench judgment of this Court. After hearing the parties it transpired that appellant was married to respondent no.2, Smt. Renu Devi in the year 1992 and on the ground that she had refused to cohabit with him and had used cruel and offensive language the appellant preferred Matrimonial Case No.242 of 1996 in the Court of Principal Judge, Family Court, Patna alleging that she was having illicit relationship with respondent no.2. In the written statement the respondent no.1 alleged that this suit for divorce was filed to counter criminal case filed by her under Section 498A and other Sections of the IPC and Section ¾ of Dowry 2 Prohibition Act. She further alleged that the appellant was cruel to her and was also having illicit relationship with his brother’s wife. By the judgment under appeal dated 31.08.1999 the Principal Judge held that the appellant had failed to prove the allegation of cruelty and adultery against his wife and on that ground the claim for divorce and permanent alimony were rejected and suit was dismissed. After lengthy arguments, ultimately the counsels for the parties accepted the obvious factual situation of the case that since last 18 years the appellant and respondent no.1 were living separately and marriage had broken down irrevocably. Thus, it was common perception that divorce would be best option for both the parties. We have also considered all the relevant facts and materials available on record and after hearing the parties, are of view that the appellant’s claim for divorce is fit to be allowed as the parties cannot live together as husband and wife and they have been making allegations and counter allegations of adultery against each other. Accordingly, the judgment under appeal is set aside and it is held that prayer of the appellant for divorce is fit to be allowed and the same is accordingly allowed. The other issue arising as a consequence is of permanent alimony. On this issue also, fortunately, there was no serious dispute 3 between the parties. Although, learned counsel for the respondents prayed that permanent alimony be fixed as Rs. 5 Lacs but on considering the submissions of both the parties and the relevant materials the same is fixed as Rs. 2 Lacs 50 thousand. This amount is not an excessive amount for the appellant who is admittedly in Railway service. He is directed to pay Rs. 1.5 Lacs of the aforesaid amount of alimony by 15th of April, 2010 and the balance amount of Rs. One Lac by 15th of June, 2010. It is made clear that on appellant’s failure to pay the aforesaid amount of permanent alimony by the dates indicated above, the respondent will be free to inform the Railways, the employer of the appellant and the concerned officer shall be obliged to recover the amount of permanent alimony and make it available to the respondent without any delay. The appeal is, accordingly, disposed of but without costs. perwez (Dipak Misra, C.J.) (Shiva Kirti Singh, J.)