- (1.) Leave granted.
(2.) The Appellant has come up in appeal by special leave, aggrieved by the judgment dated 19.06.2012 in Civil Miscellaneous Appeal No. 220/2003 on the file of the High Court of Judicature at Madras. The High Court set aside the decree of divorce granted by order dated 19.11.2002 in F.C.O.P. No. 1569/1998 of the Family Court, Madras. The said order was passed by the Family Court in a petition filed by the Appellant for dissolution of marriage on the ground of cruelty, Under Section 13(1)(i-a) of the Hindu Marriage Act, 1955. According to the Appellant, the marriage was solemnized on 13.11.1997 as per customary rites. It was an arranged marriage. It is the case of the husband that the marriage was never consummated and the Respondent was not interested in marital life. It is alleged that Respondent left the company of the Appellant on 27.01.1998; however, according to the Respondent, she left Appellant's company on 10.03.1998. Though, the petition for dissolution was filed in 1998 it was disposed of by the Family Court only in the year 2002. Having regard to the evidence available on record, the Family Court was of the view that the Appellant was entitled to the decree of divorce on the ground of cruelty.
(3.) In appeal, the High Court, however, came to the conclusion that the evidence available on record was not sufficient to establish cruelty so as to grant a decree of divorce and hence the order of decree of divorce granted by the Family Court was set aside. When the matter came up before this Court on 30.10.2012, this Court passed the following order: Learned Counsel for the Petitioner submitted that after passing of the decree of divorce by the trial Court his client had remarried and it will cause him immense injury if the impugned judgment of the High Court is not set aside. He also pointed out that during the pendency of the matter before the High Court, the Respondent had agreed to accept permanent alimony of rupees four lacs. In reply to the Court's query, learned Counsel submitted that his client is still ready and willing to pay the amount of permanent alimony with little enhancement. Issue notice to the Respondent, returnable in the first week of February, 2013. Dasti, in addition, is permitted. Issue notice on the Petitioner's prayer for interim relief, returnable in the first week of February, 2013. Dasti, in addition, is permitted. In the meanwhile, operation of the impugned judgment shall remain stayed subject to the condition that within eight weeks from today the Petitioner shall pay to the Respondent a sum of rupees five lacs. If the needful is not done, the interim order passed today shall stand automatically vacated and the special leave petition shall stand dismissed. The Registry shall issue notice to the Respondent only after the Petitioner produces evidence showing payment of rupees five lacs to her.;