Gauhati High Court
Smti. Nanda Rani Das @ Nanda ... vs Dilip Banerjee on 7 December, 2022
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GAHC010170332021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Tr.P.(C)./46/2021
SMTI. NANDA RANI DAS @ NANDA BANERJEE
W/O SHRI DILIP BANARJEE, D/O LT. MANIK DAS, VILL-UJJAN BILBARI,
P.O.-BASU DEV NAGAR, P.S.-NILAMBAZAR, DIST-KARIMGANJ, PIN-788722,
ASSAM
VERSUS
DILIP BANERJEE
S/O PACHO GOPAL BANERJEE, PERMANENT ADD-VILL-RAMPUR, P.O. AND
P.S.-RAMPUR, DIST-COACH BIHAR, PRESENT ADD- EE, PWD, LONGDING
CIRCUIT HOUSE COLONY, DIST- LONGDING, ARUNACHAL PRADESH
Advocate for the Petitioner : MR A BHATTACHARYA
Advocate for the Respondent : MR. B PATHAK
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 07.12.2022
Heard Mr. S. N. Krishnatraya, learned counsel for the petitioner and Mr. B.
Hazarika, learned counsel for the respondent.
By this petition under Section 24 of CPC, the petitioner has prayed for
transferring Title Suit Matrimonial (Divorce) Case No. 03/2021, from the Court of
learned District and Sessions Judge, Tirap, Changlang and Longding District at Khonsa
(A.P.) to the Court of learned District and Sessions Judge at Karimganj.
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By order, dated 02.06.2022, this case was referred to Gauhati High Court
Mediation Centre under Section 89 of CPC to explore the possibility of amicable
settlement of the matrimonial differences between the parties.
Accordingly, Ms. Nirupama Baruah, learned Mediator, Gauhati High Court
Mediation Centre, took up the matter with both the parties and after due exercise of
mediation efforts, vide Memo of Settlement, the parties have amicably settled their
differences. For convenience, the relevant terms and conditions are quoted
hereinbelow:-
"1. That both the parties agreed to reunite and live together as three years
before. It is treated to be judicial reunite with each other after three years of
separation, both the parties agreed to wind up all disputes and misunderstanding
between both husband and wife and shall build up a good relationship between them
in future. Both parties are determined for the repairmen of their worse relationship
between both and between both the families to a health and affectionate relationship.
2. That both the parties agreed that Dilip Banerjee husband of Nanda Rani
Das shall visit in middle of November 2022 to his in-Laws house at Karimganj to take
his wife to his Marital house at Arunachal Pradesh, with good will and without any
hesitation.
3. The both the parties are agreed that both husband and wife shall take
care of each other and shall have respect their thoughts. To take any decision both
husband and wife shall discuss without any argument.
4. That both the parties agreed that if wife Nanda Rani wants to visit her
mother's place, it is the husband's responsibility to arrange to drop her mother's home
at Karimganj or may ask her brother to take to her maternal home if any difficulties to
take leave from his job or may arrange a convenient time to take her to mother's
home. In this circumstances wife Nana Rani shall understand her husband's difficulties
and shall not be stubborn for that. All decision shall be taken with understanding.
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5. That both the husband and wife shall have the responsibility to support
each other if any third person tries to break their good relationship. Both parties shall
be open with each other and shall not hide or suppress any matter from each other.
6. That both parties agreed that if any disputes arise between both families
of both instant parties, all members of both families shall settle the matter among
them through discussion and for that reason both husband and wife shall not commit
quarrel instead they shall help their families to sort out their misunderstanding.
7. That it is pertinent to agree between parties that if any problem or
differences arise between them, that can be solved, no third person, i.e. any of their
family members shall involve in their personal matter.
8. That both parties agreed to lead their happy lives in future without
having any interference with each other in any matter.
9. That both parties agreed that after the final decree/judgment on this
agreement both shall not have any complaint upon each other.
10. That both parties agreed that Dilip Banerjee shall withdraw the TS (D)
Case No. 03/19 and any other cases, if any other cases if filed against his wife. On the
other hand wife Nanda Rani shall withdraw the Maintenance Case No. 19/21 u/s 125
Cr.PC against her husband after signing of the agreement.
11. That both parties agreed that no such relevant cases can be filed against
each other as per Law after made this agreement.
12. That both parties agreed that no personal interference without
clarification in any matter shall be made to each other.
13. That both parties agreed that violation of any averment of this
agreement if commits by any one of the parties, the legal action shall be taken against
them.
14. That both parties have settled their dispute without any force and
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coercion.
............................................"
In view of the above amicable settlement arrived at between the parties
regarding their matrimonial differences, this petition, being infructuous, is closed.
Petition stands disposed of.
JUDGE
Comparing Assistant
