Court recognizes mutual consent for permanent alimony in divorce proceedings, highlighting responsibilities of parties post-separation.

1. Heard Mr. A. De, learned counsel for appellant - husband and Mr. K. Datta, learned counsel for respondent - wife along with their respective clients present in - person.

2. This present appeal is filed under S.19 of the Family Court's Act , 1984, read with S.28 of the Hindu Marriage Act , 1955 against the judgment and decree dated 05.04.2024 passed by the learned Court of the Additional Judge, Family Court, Agartala, West Tripura in connection with Case No. T.S. (Divorce) 372 of 2020 wherein the learned Judge, Family Court dismissed the divorce petition filed by the husband petitioner.

3. The appellant as petitioner husband filed a divorce petition before the learned Family Court seeking for divorce by way of dissolution of marriage but, the same was not allowed by the Trial Court. The learned Judge, Family Court by the impugned order dated 05.04.2024 passed in Case No. T.S. (Divorce) 372 of 2020 dismissed the divorce petition filed by the husband petitioner in the following manner:
"....O R D E R
(39) In the result, the petition dated 24-11-2020 lodged by the husband - petitioner to dissolve the marriage solemnized between himself and respondent, is not allowed and the suit is hereby dismissed on contest without cost.
(40) Prepare decree accordingly and place it before me for signing immediately.
(41) Supply a copy of decree to both the parties at free of cost.
(42) Thus the suit stands disposed of on contest......."

4. Aggrieved by the aforesaid impugned order dated 05.04.2024 passed by the learned Court below, the appellant herein filed the instant appeal seeking following reliefs:
a) Admit this appeal of the husband appellant;
b) Issue notice upon the respondent wife to appear before this Court;
c) Call for the records of T. S. (Divorce) 372 of 2020 from the Additional Judge, Family Court, Agartala, West Tripura.
d) After hearing both sides, be please to set aside / dismissed the judgment and order dated 05.04.2024 passed by the Additional Judge, Family Court, Agartala, West Tripura in T. S. (Divorce) 372 of 2020 and setting aside the judgment and order passed by the Additional Judge, Family Court, Agartala, West Tripura in T. S. (Divorce) 372 of 2020. .....

5. Mr. A. De, learned counsel appearing for the appellant submits that the marriage between the appellant and the respondent has already been broken down irreparably as the respondent willfully withdrew herself from the society of the appellant and is staying at her parental house. He, therefore, urges this Court to set aside the impugned order dated 05.04.2024 passed by the learned Court below.

6. On the other hand, the respondent - wife present in - person before this Court along with her engaged learned counsel, Mr. K. Datta, contends that it would not be possible for her to lead conjugal life with the appellant as he used to physically torture her and for that reason, she left the matrimonial home with her minor son. She further submits that since, the appellant is a businessman having stone chips transport business along with some other properties, he would be able to pay rupees 25 lakhs as permanent alimony for dissolving their marriage.

7. The appellant husband present in - person contends that he does not want to lead conjugal life with the respondent - wife anymore. He has expressed his inability to pay rupees 25 lakhs to the respondent wife as permanent alimony and further contends that if the marriage between him and the respondent is dissolved with permanent alimony, he would be able to pay only 7 lakhs rupees as permanent alimony to the wife.

8. However, during the course of negotiation, both the parties have agreed that the appellant - husband shall pay Rs.11 lakhs as