JUDGMENT : S.C. Mohapatra, J. - In a matrimonial proceeding under the Hindu Marriage Act for divorce, application for amendment to add the prayer of restitution of conjugal rights was filed. The same having been rejected, husband has filed this Civil Revision. 2. Considering age and family status of the parties, I tried for reconciliation but could not become successful on account of deep-seated misunderstanding which I railed to remove. When 1 fixed the Civil Revision for hearing, both parties have filed an application jointly for mutual divorce as provided u/s 13-B of the Act. 3. Normally, as the Section provides from the date of application, Court is to wait for six months for passing an order of divorce. However, the guideline does not provide for any prohibition for the Court in just cases to pass an order earlier to the period fixed. Since both the parties are educated and alter hearing both the parties and their learned counsels, I am satisfied that mutual application for divorce is voluntary and passage of time will not improve the matter any further, I took into consideration such application without referring parties to trial Court as desired by parties. Being also satisfied that in order to bring mental peace to both the parties to have their own way of life, it is desirable that 1 should dispose of the application and as agreed to by learned counsels for both the parties, I dispose of the application u/s 13-B of the Act in this Civil Revision. 4. Since it is an application for mutual divorce i allow the same and declare that from today, marriage between the parties is dissolved. 5. There is much controversy about return of articles claimed by the wife to be in possession of husband's family. That controversy cannot be resolved within scope of a proceeding under the Act and wife has to approach appropriate forum for that purpose. However, I am satisfied that along with the order, power u/s 25 ought to be exercised by me. 6. Husband possesses Masters Degree in Social Work and also Law Degree. Wife is an Advocate of this Court. However, she has started her professional career only after dissention arose between the parties. It is stated that husband is having no employment at present, Be that as it may, a wife in such circumstances is always to be protected.
6. Husband possesses Masters Degree in Social Work and also Law Degree. Wife is an Advocate of this Court. However, she has started her professional career only after dissention arose between the parties. It is stated that husband is having no employment at present, Be that as it may, a wife in such circumstances is always to be protected. In our Society a husband can get easily married but our Society has not changed far to accept a divorced wife to be married again in normal circumstances. Legal Profession for the biginner is very hard. Husband has liability to maintain a wife. Husband has approached Court for divorce. Therefore, he is to pay some alimony to the wife. With gradual experience wife will have her own income from the profession if she proves successful. She may also get married if a suitable match is available. Keeping all these circumstances in mind, 1 feel a monthly payment of Rs. 500/- (live hundred) would be adequate. Monthly payment by itself is continuing process and may cause difficulty to both, the parties. Therefore, 1 direct the husband to pay alimony of a consolidated sum of Rs 50,000/- (fifty thousand) to the wife. This Will be paid in four quarterly instalments of Rs. 12,500/- each quarter. First payment shall be made on or before 10th November, 1990. In default of payment of any two instalments, the balance amount can be realised by execution. If the respondent gets married during the period of one year, further instalment payable shall not be paid. 7. In the result, Civil Revision and the matrimonial proceeding is disposed of. Trial Court is directed to pass a decree in accordance with this order. There shall be no order as to costs.