IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.634 of 2009 Alok Priya Darshi son of Dr. Rabindra Pd. Tiwari resident of Mohalla E/B Peoples Cooperative Colony Kankarbagh PS Kankarbagh, District Patna ...Appellant Versus Mrs. Anupama pandey W/o Alok Priya Darshi at present residing at Sector 3 H-S-F Block 4/1 HIG Flat No. 12, Bahadurpur Housing Colony, Patna 26 ...Respondent ----------- 19 27-08-2010 Heard the parties. The matter was adjourned on 16-8-2010 to enable the counsel for the appellant to find out as to whether the appellant was willing to offer a reasonable and acceptable amount of permanent alimony because on our persuasion the respondent, who had appeared along with her counsel on the last date, had agreed that in the interest of all concerned and for education of her son, who is now aged about 12 years, she can give her consent for divorce provided the appellant is willing to offer a reasonable and decent lumpsum amount by way of permanent alimony. It is a matter of satisfaction that today the appellant has offered to pay a lumpsum alimony of Rs. 12.5 lacs to the respondent if she agrees for a divorce by consent. According to the appellant the respondent will be paid Rs. 5 lacs within one week and the balance amount of Rs. 7.5 lacs will be paid to her within a period 2 of six months from today. It was suggested on behalf of the appellant that on account of good sense prevailing amongst the parties the criminal case lodged by the respondent should also be either withdrawn or compromised as that is a complaint case within the control of the respondent. On behalf of respondent the aforesaid offer has been accepted and as a result the respondent has expressed her consent for awarding a decree of divorce on mutual consent. We had heard the parties earlier and had found that although the respondent was willing to live with appellant and maintain the matrimonial ties but the appellant for some reason had been unable to give the marriage another chance. From the facts it was clear that the marriage has broken down irretrievably. In such circumstances and in view of aforesaid consent of both the parties, both for dissolution of marriage by a decree of divorce and for permanent alimony this Miscellaneous Appeal is finally disposed of. The order under appeal refusing to grant divorce is set aside and is replaced by a 3 decree for dissolution of marriage between the appellant and respondent by mutual consent. In the facts of the case, the complaint case lodged by the respondent bearing no. 913(c)/2001 said to be pending in the court of a Judicial Magistrate 1st Class, Patna shall be compromised, withdrawn or abandoned within the aforesaid period of six months. Since the son of respondent is aged about 12 years, we expect the respondent to keep aside a reasonable part of the alimony for studies of her son. It is made clear that in case the terms of compromise, particularly, relating to payment of the amount of Rs. 12.5 lacs within the time frame are not followed then either of the party will be at liberty to move this court for appropriate orders. The appeal is, thus, finally disposed of. No costs. BKS/- (Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J.)