The main legal point established in the judgment is that the grant of alimony after the finality of the decree of divorce is the only aspect for consideration, and the quantum of alimony is to be decided during the appeals.

JUDGMENT :

A.S. Bopanna, J.

1. Heard Ms. Rinkumoni Boruah, learned counsel for the applicant. Also heard Mr. M. Sarma, Mr. L. Deka, Mr. G.C. Hazarika and Mr. A.K. Pandit, learned counsel for the respondent.

2. The instant application is filed by the respondent-wife in Matrimonial Appeal No.70/2018 seeking that she be permitted to withdraw the sum of Rs.5 lakhs which is in deposit before this Court.

3. To the said application, the appellant herein has filed the objection statement. Learned counsel for the appellant would contend that the issue as to whether the respondent-wife is actually entitled to alimony is an aspect which is required to be considered in the appeal and, therefore, if the amount is ordered to be released, the appellant would be prejudiced. It is contended that the respondent is employed in ICICI Bank as Branch Manager at Guwahati and, therefore, has an independent source of income and, in that circumstance, the claim for alimony is not justified.

4. Learned counsel for the applicant-respondent would, however, seek to sustain the contention by contending that the Court below after taking note of all aspects has arrived at the conclusion that the respondent is entitled to alimony and the same has been ordered. Infact, the respondent has filed the appeal in Mat. Appeal No.2 of 2019 seeking further enhancement of the amount and, therefore, in such circumstance, there would be no justification in declining to withdraw the amount.

5. In the background of the contentions, we have taken note of the appeal papers as also the prayer made in the application and the objection thereto. At the outset, it is to be noted that the issue does not pertain to the maintenance, but to alimony after the decree of divorce is granted. In the instant case, though the learned counsel for the appellant contends that an ex-parte decree of divorce has been obtained, from the records it is seen that the decree for dissolution of the marriage was passed as far back as on 2.5.2014 in F.C. (Civil) No.108 of 2013. Admittedly, the said judgment has not been assailed and has, accordingly, attained finality. In such circumstance, the only other aspect for consideration is with regard to grant of alimony. In the present round of litigation, the respondent herein had filed a petition under Section 37 of the Special Marriage Act, 1954 seeking grant of alimony. The Court below after considering the rival contentions has arrived at the conclusion that the alimony payable would be at Rs.20 lakhs. In the instant case, where the appellant has assailed the same and the respondent wife is seeking enhancement, the quantum is ultimately to be decided when the appeals are heard.

6. Presently, the sum of Rs.5 lakhs was ordered to be deposited before this Court as a precondition even before issuing notice to the respondent. In the order dated 29.10.2018, it was made clear that the Registry is to issue notice to the respondent only after the sum of Rs.5 lakhs ordered by this Court is deposited and further, only on such deposit being made, the implementation of the impugned order was to remain suspended. The intention of the said order was to see that the respondent wife is provided some sustenance to proceed with the present litigation. In such circumstance, when the said amount is deposited and the question, therefore, required to be decided is merely the quantum of alimony, we are of the opinion that the applicant-respondent should be allowed to withdraw the amount.

Accordingly, the application is allowed.

Registry is directed to disburse the amount of Rs.5 lakhs in deposit to the applicant on proper identification.