Citation : 2021 Latest Caselaw 2034 Gua
Judgement Date : 1 September, 2021
Page No.# 1/3
GAHC010054152021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case : Mat.App./8/2021
DIPTI DEVI
W/O- SRI BALEN SARMA
R/O- FLAT NO. C-BLOCK
3RD FLOOR
HIYA APARTMENT (INFRONT OF FOREST SCHOOL)
P.O. GAUHATI UNIVERSITY
P.S. JALUKBARI
GUWAHATI-14
DIST.- KAMRUP(M)
ASSAM.
VERSUS
BALEN SARMA
S/O- LATE BHUDEB SARMA
R/O- LANKESWAR
1ST BYE LANE NEAR KESHAB SARMA SHOP
WEST JALUKBARI
P.O. GAUHATI UNIVERSITY
GUWAHATI-14
PS.. JALUKBARI
DIST.- KAMRUP(M)
ASSAM
OFFICE ADDRESS- C/O- BRANCH MANAGER
BIJOYA BANK
A.T. ROAD
MALIGAON
P.O. GUWAHATI
DIST.- KAMRUP(M)
ASSAM.
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Page No.# 2/3
Advocate for : MR D K BORDOLOI
Advocate for : MS. J CHETTRY appearing for BALEN SARMA
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 01-09-2021
Suman Shyam, J
Heard Mr. D.K. Bordoloi, learned counsel for the appellant. We have also heard Ms.
S. Kanungoe, learned counsel representing the respondent.
The instant appeal has been preferred by the wife assailing the judgment and
decree dated 15-02-2021 passed by the learned Principal Judge, Family Court No. III,
Kamrup at Guwahati in F.C.(C) No. 588/2013 granting a decree of divorce dissolving the
marriage between the appellant and the respondent.
During the pendency of this appeal, the matter was referred to the Gauhati High
Court Mediation Centre, with the consent of both the sides for mediation settlement. The
mediation process has been successful and the parties have amicably resolved their
dispute on certain terms and conditions which have been incorporated in the mediation
agreement. The Memorandum of Settlement dated 24-08-2021, marked as Flag-'X', is
available on record. We have perused the same. The learned counsel for both sides have
submitted that this appeal be disposed of in terms of the Memorandum of Settlement
dated 24-08-2021, by vacating the stay order passed by this Court in I.A.(C) No. Page No.# 3/3
801/2021 arising out of Mat. Appeal No. 8/2021.
Upon perusal of the materials available on record, we find ourselves in agreement
with the submission made by the learned counsel for both sides. We accordingly, dispose
of this appeal by taking note of the terms and conditions contained in the Memorandum
of Settlement dated 24-08-2021, marked as Flag-'X', which would form part of this order.
This appeal is accordingly closed.
JUDGE JUDGE GS Comparing Assistant
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