Phanindra Kumar Das vs Smti Dipti Rani Das
2022 Latest Caselaw 4476 Gua

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GAHC010187572021




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

                                 Case No. : Mat.App./19/2021

            PHANINDRA KUMAR DAS
            S/O LATE BIPIN CHANDRA DAS, R/O VILL- SARUPETA, MOUZA- BELBARI,
            P.S.-BARPETA, DIST- BARPETA, ASSAM, PIN-781318



            VERSUS

            SMTI DIPTI RANI DAS
            D/O DALIM CHANDRA DAS, R/O VILL-MADHYA METUAKUCHI, P.S.-
            BARPETA, DIST-BARPETA, ASSAM, PRESENT ADD-SMTI DIPTI RANI DAS,
            PGT, ASSAM RAILWAY H.S. SCHOOL, PANBAZAR, GUWAHATI, PIN-781001



Advocate for the Petitioner   : MR D K SARMAH

Advocate for the Respondent : MR. D K BAIDYA




                                    BEFORE
                         HONOURABLE THE CHIEF JUSTICE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

Date : 15-11-2022 R.M. Chhaya, C.J.

Heard Mr. D.K. Sarmah, learned counsel for the appellant and Mr. D.K. Baidya, learned counsel for the respondent.

Feeling aggrieved and dissatisfied with the judgment and decree dated Page No.# 2/3

08.10.2022 passed by the Family Court, Barpeta in T.S. (M) F.C. 09/2019 dated 08.10.2021, the original plaintiff has preferred this appeal under Section 19 (1) of Family Court Act, 1984. The Family Court by way of the impugned judgment and decree was pleased to dismiss the petition filed by the appellant/original plaintiff under Section 13(1) of the Hindu Marriage Act, 1955 for dissolution of marriage between the parties which came to be solemnised on 05.10.2012 at village Sarutapa in Barpeta district.

In view of the fact that the dispute was personal and decree of divorce was denied, this Court passed the following order on 22.09.2022;

"Heard Mr. D.K. Sarmah, learned counsel for the appellant. Also heard Mr. D.K. Baidya, learned counsel, appearing for the sole respondent.

At the request of learned counsels appearing for the parties, the matter is again referred to Gauhati High Court Mediation Centre. The Mediator so appointed shall file a report before this Court on the next date of listing.

The learned counsels along with the parties shall appear before the Mediator, Gauhati High Court Mediation Centre, on 27.09.2022.

List again on 15.11.2022."

Accordingly, the proceedings were undertaken by the learned Mediator appointed by the Gauhati High Court Mediation Centre. A report dated 09.11.2022 is placed on record today. The same shows that the parties are agreed for dissolution of marriage that came to be solemnised on 05.10.2005 at village Sarutapa in Barpeta district. The parties are also agreed that the respondent shall have a right to file a separate petition for permanent alimony under the Hindu Marriage Act, 1955. The agreed terms and conditions are as under;

"1. That both the parties mutually agreed for dissolution of their marriage under Hindu Marriage Act 1955. The said marriage was solemnised on Page No.# 3/3

05.10.2012 at village Sarutapa in the District of Barpeta, Assam.

2. That the parties have mutually agreed that the Respondent Smti. Dipti Rani Das may have the liberty of filing a petition for alimony under section 25 of the Hindu Marriage Act 1955. The Appellant Phanindra Kumar Das may also have the liberty to contest the case before the appropriate court.

3. That granting a permanent alimony, will be subject to the outcome of the case which may be contested by both the parties.

4. That this Mediation process is closed today i.e. on 04.11.2022 at the Gauhati High Court Mediation Centre.

5. That this agreement is signed by both the parties on their own volition after going through it and understanding the contents therein and are, therefore, free from any influence from any quarter.

6. That both the parties shall be strictly bound by all the terms and conditions of this Agreement."

The parties to abide by the terms and conditions.

In view of the aforesaid agreement dated 04.11.2022 subject to the right of the respondent to file an application as provided under Section 25 of the Hindu Marriage Act, 1955, the appeal is allowed and the marriage between the appellant/original plaintiff and the respondent stands dissolved as per the terms and conditions of the agreement. The decree be drawn accordingly.

LCR be sent back to the trial court forthwith.

No cost.

                      JUDGE                               CHIEF JUSTICE
Comparing Assistant