MC 3743/2010 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY THE HON’BLE MRS. JUSTICE ANIMA HAZARIKA Amitava Roy, J Heard Ms. B Choudhury, learned counsel for the applicant/husband and Ms. K. Deka , learned counsel for the opposite party/wife. In compliance of the order dated 10.02.2012, the parties are present in Court to day. We have interacted with them in details. In course of the deliberations, th e parties have finally agreed to an amount of Rs. 11,50,000/- (Rupees Eleven Lac s and fifty thousand only) to be the sum payable by the applicant/husband as per manent alimony to the opposite party/wife. This we notice is in modification of the agreement arrived at between them in th e mediation proceedings at the instance of this court, in which, the applicant/h usband had agreed to pay an amount of Rs.13 lacs as permanent alimony. We have b een apprised that meanwhile an amount of Rs. 4 lacs has been paid by the applica nt/husband to the opposite party/wife. The latter has acknowledged the receipt o f the said sum before us. In view of the consensus arrived at by the parties in the presence of this Court and their learned counsel, we dispose of the appeal in the following terms: - a) The applicant/husband would pay the remaining amount of Rs.7,50,000/- (Rs.11, 50,000-4,00000/-) within a period of six (6) months on equal monthly installment s of Rs. 1, 25, 000/-. (b) It is made clear that the entire amount of Rs.7,50,000/- would have to be pa id without fail within the time frame of six (6) months herefrom as fixed and, i n case, he defaults in paying any installment as ordered, it would be open for t he opposite party/wife to bring this failure to the notice of this Court for app ropriate orders. (c) The demand drafts of the installments would deposited by the applicant/husba nd in time by the 2nd week of every month with the Registry of this Court. (d) Needless to say, that the payment of amount of Rs.4500/- by the applicant/hu sband as on date, would be discontinued after the amount of Rs.7,50,000/- is liq uidated as a whole. Upon hearing the learned counsel for the parties and on a consideration of the a verments made in the application under section 5 of the Limitation Act, 1963 (re gistered as MC No. 3163/2010), the delay in filing the accompanying appeal is co ndoned. Register the appeal. On a consideration of the pleadings on record and the evidence adduced, we are o f the view that the learned Court below had misconstrued the materials on record to conclude against the grant of decree of divorce for dissolution of marriage between the parties. In course of our deliberations with them in Court as well, it has transpired that they are temperamentally incompatible to continue with th eir conjugal life. They have, in fact, been living separately for almost 12 year s as on date. The pleadings on record and the evidence adduced by the parties, i n our opinion, makes out a case for dissolution of marriage as prayed for by the applicant/husband. Though, an endeavour had been made by us to effect a reconci liation, in view of the adamant stand of the couple, we are of the unhesitant op inion that an amicable resolution of the long standing differences is not feasib le. In view of the amount finally agreed to by the parties towards permanent alimony , the order dated 29.09.2010, passed in MC No. 3163/2010 stands recalled. In the above view of the matter, the miscellaneous cases as well as the appeal a re allowed. The judgment and order dated 09.03.2010 is set aside. The marriage b etween the parties is hereby dissolved by a decree of divorce. The office would prepare a decree in terms of the order of his court. No costs.