IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.796 of 2009 Janardan Pandit, S/o. Budhi Ram Pandit, r/o. Mohalla- Chanmari Road, P.S. Kankarbagh, District- Patna. ----- Appellant/petitioner. Versus 1. Smt. Sarda devi, D/o. Raghunandan Pandit, r/o. Village- Dubebaha, P.S. Badka Gaun, District- Gopalganj. 2. Ram Lal Sao, s/o. not known, R/o. Village- Dubebaha, P.S. Badka Gaun, District- Gopalganj, Posted at P.M.C.H. and at present r/o. Mohalla- Laljee Tola, P.S. Gandhi Maidan, District- Patna. 3. Raghunandan Pandit S/o. Not known r/o. Village- Dubebaha, P.S. Badka Gaun, District- Gopalganj. ------ Respondents. For the Appellant: Sri Devendra Kumar Sinha, Sr.Advocate. Sri Ashok Nandan Prasad, ..... Advocate. Sri Satya Ranjan Sinha............ Advocate. For the Respondents: Sri Neeraj Kumar..................... Advocate. ----------- 36. 23.02.2010 From the submissions made by learned counsel for the appellant it appears that amount of Rs.4,000/- had been deposited in the registry on 16.10.2006 for publication of notice in newspaper. But publication was not required and was not made because the other side has appeared. In that view of the matter, if the amount is lying as such, the sum may be refunded to the learned counsel for the appellant without any delay. Heard learned counsels for the parties. The appellant is the husband of the respondent and is aggrieved by judgment and order dated 28th August, 2 1999, whereby the Principal Judge, Family Court, Patna has rejected his claim for divorce on the ground of desertion and adultery. The materials on record showed that the marriage had taken place in the year 1973 and a son was born in the year 1984 but since sometimes in the year 1990 the parties started living separately. The evidence led by the parties shows that the respondent wife has also alleged adultery against the appellant and has named the woman with which the appellant is allegedly living as husband and wife. After hearing the parties we came to a tentative conclusion that the marriage has broken down irrevocably and it would be in the interest of the parties to come to a mutually acceptable settlement of the dispute. For that; time was granted and fortunately now the parties have agreed for divorce on the condition that appellant shall pay a permanent alimony in the shape of lump sum of Rs. 2,00000/- (Two lacs) within a period of six months. The payment shall be made through an account payable bank draft in the 3 name of respondent wife. It has further been agreed on behalf of the appellant that he will pay the arrears of maintenance, roughly calculated to be Rs.24,000/-, within a period of one month. The said amount of Rs. 24,000/- should be paid to the respondent wife in the like manner and if the payments are not paid within the time indicated above they shall carry an interest @ 8 per cent per annum. On these terms of compromise the appeal is allowed. The judgment and decree under appeal are set aside. The claim for divorce by the appellant is allowed on the basis of mutual consent on the compromise and conditions indicated above with regard to alimony and maintenance. There shall be no order as to costs. It is made clear that in case the amount is not paid within the time indicated above the respondent wife will be at liberty to file a contempt petition before this Court. Mkr. (Shiva Kirti Singh, J.) ( C.M. Prasad, J.)