MONOJ KUMAR MUKHERJEE, J. - (1.) THIS second appeal it by the wife in a suit instituted by hex against her husband for enforcement of an agreement entered into by them on May 12, 1973.
(2.) VARIOUS disputes and differences arose between them at an earlier stage which prompted the wife to file a suit for judicial separation. During the pendency of the said suit the husband wrote a letter to the wife as under: 'Sm. Sandhya Chatterjee, 194/C, Rash Behari Avenue, Calcutta -29. 12 -5 -1973. I agree to pay yon Rs. 260/ - (Rupees two hundred and sixty only) for your maintenance and the maintenance and educational expenses of my son and shall pay Rs. 90/ -(Rupees ninety only) to my daughter for her maintenance and educational expenses. I also agree to pay 55% of the bonus which I shall get annually from my company. I shall bear the marriage expenses of my daughter Shyamalima according to my means on receipt of the information of the marriage provided the groom is approved by me. The amount of maintenance will increase or decrease in proportion to rise and fall of salary and allowance. This will take effect from the month of April 1973 and first payment will be made by the 30th of the month of May 1973 and subsequent payments shall be made by the first week of the following month, Besides the above I shall pay you Rs. 500/ -(Rupees five hundred only) within December 1973 and Rs. 250/ - (Rupees two hundred and fifty) by March, 1974 out of love and affection to my children. Yours faithfully, Salil Chandra Chatterjee 12th May, 1973.' The wife in her turn replied to the said letter as follows : 'To Sri Salil Chandra Chatterjee, 18/2B, Kundu Lane, Calcutta -25. 12 -5 -1973. This is to place on record that in consideration of your offer for payment of the sums contained in your letter dated 12 -5 -1973 addressed in my name to me I hereby withdraw all allegations and charges made in the plaint against you in Matrimonial Suit No. 49 of 1972 in 5th Additional District Judge at Ali -pore and I am filing today a petition for dismissal of the suit for non -prosecution. 1 also agree that you will have free access to my residence at 194/C, Rash Behari Avenue, Calcutta -29 as well as to our son who may be taken to your residence at 18/2B, Kundu Lane, Calcutta -25 once a week and your guidance in the future education of Saibal will be accepted by me. The son shall not be taken except from my residence under normal circumstances. Yours faithfully, Sandhya Chatterjee.'
(3.) AFTER exchange of those letters, the wife, on the self same day, filed a petition praying for dismissal of the suit to which no objection was raised by the respondent. The suit was accordingly dismissed for non -prosecution without costs.;