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Bhupen Nath vs Dipamoni Baishya on 10 May, 2019

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GAHC010206952018

THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : CRP 137/2018

1:BHUPEN NATH
S/O SRI JUINARAM NATH
R/O BISHNUPUR, BURAGAON
P.S. BURAGAON
DIST. DARRANG, ASSAM

VERSUS

1:DIPAMONI BAISHYA
D/O SRI GANESH BAISHYA
R/O BANSHAR, SUALKUCHI
P.O. AND P.S. SUALKUCHI
DIST. KAMRUP, ASSAM
PIN – 781103.

Advocate for the Petitioner : MR A KUNDU

Advocate for the Respondent : MS. M BORAH

BEFORE
HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA

ORDER

10.05.2019

Heard Mr. A. Kundu, the learned counsel for the petitioner and Ms. M. Borah, the
learned counsel for the respondents.

The petitioner is the husband and the respondent is the wife. Their marriage was
solemnized on 04.02.2004 as per the Hindu rites. Their marriage and their conjugal life did
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not survive for long. The respondent had to leave the marital place on 20.02.2004. In
between various allegations were levelled resulting lodging of FIR against the present
petitioner husband by the respondent wife and criminal case was initiated in the year 2005.
The respondent wife filed a divorce suit against the present petitioner husband, however the
same was withdrawn on the ground that talk of compromise was to be held and as a pre
condition for such talk, the said divorce suit was withdrawn. On the basis of the FIR lodged a
criminal case was registered and tried under Section 498(A), Section34 IPC. In the said criminal
case, the petitioner husband was acquitted alongwith his family members. Thereafter in the
year 2014, the petitioner husband filed a divorce suit registered as F.C.(Civil) Case
No.560/2014 which is pending in the court of learned Principal Judge No.1, Family Court,
Kamrup at Guwahati. On receipt of the summons the respondent wife entered appearance in
the said divorce proceeding and filed her written statement. Thereafter, an application under
Section 24 of the Hindu Marriage Act, 1955 was filed by the petitioner/respondent for
maintenance pendente lite in the year 2015. The learned court below was satisfied to pass
the impugned order in this revision petition granting a sum of Rs.2,500/- as maintenance
allowance per month alongwith Rs.6,000/- as the cost of legal proceeding. The petitioner
husband being aggrieved by the said order so far the maintenance component is concerned,
preferred this revision petition. Meanwhile both the parties decided to settle the dispute
including the issue of divorce and dissolution of the marriage and they filed a joint affidavit in
this Court agreeing to certain terms and conditions which amongst others includes that both
the parties decided to absolve each other from any kind of liabilities and conditions.
Considering the same and on the basis of the submissions of the learned counsel of the
parties to the petition, this revision petition is disposed of on the following terms and
conditions:-

(i) That both the parties have agreed to seek for divorce by way of
dissolution of the marriage which was solemnised between them. The
petitioner husband agreed to pay a sum of Rs.50,000/- including the
payment already made to the respondent wife amounting Rs.11,000/-
vide order dated 05.10.2018 of this Court and said amount of
Rs.50,000/- shall be considered to be the final settlement of the claim
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allowed by the learned court of Principal Judge No.1, Family Court,
Kamrup(M) at Guwahati in Misc.(J) Case No.137/2015.

(ii) After dissolution of the marriage the respondent wife shall have no claim
on any issue on the petitioner husband including permanent alimony.

(iii) On the basis of the agreed terms the parties to this revision petition shall
file at the earliest the respective petition in the pending divorce
proceeding for early disposal of the same and the court below shall
consider and pass appropriate order under the law on the basis of the
petitions to be filed by the parties.

No costs. Interim order passed if any, stands vacated.

JUDGE

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