Mayuree Sarma @ Mayuri Sarmah vs Lakhyajyoti Sarmah
2022 Latest Caselaw 4059 Gua

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GAHC010096722022




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

                                Case No. : Mat.App./17/2022

            MAYUREE SARMA @ MAYURI SARMAH
            W/O SRI LAKHYAJYOTI SARMAH, D/O LALIT SARMAH, RESIDING AT
            BALIPARA, INFRONT OF BALIPARA P.H.C, PO BALIPARA, PS
            CHARDUAR,DIST SONITPUR, ASSAM



            VERSUS

            LAKHYAJYOTI SARMAH
            S/O JOGENDRA NATH SARMAH,
            RESIDING AT POLOFIELD, BAMUN GAON, PS TEZPUR, DIST SONITPUR,
            ASSAM. 784176



Advocate for the Petitioner   : MR. D CHOUDHURY

Advocate for the Respondent : MR B D DAS




                                    BEFORE
                         HONOURABLE THE CHIEF JUSTICE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                         ORDER

Date : 20.10.2022

Heard Mr. T. Chakraborty, learned counsel for the appellant. Also heard Mr. B. D. Das, learned senior counsel assisted by Ms. R. Deka, learned counsel appearing for the respondent.

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Feeling aggrieved and dissatisfied by the judgment and decree dated 23.12.2021, passed by the learned Additional District Judge (FTC), Sonitpur, at Tezpur, in Title Suit (Matrimonial) No. 101/2018, whereby the learned Additional District Judge was pleased to decree the suit filed by the respondent herein seeking divorce on grounds of cruelty, the present appeal is filed by the appellant/original respondent.

By an order dated 05.08.2022, this court referred the matter to the Gauhati High Court Mediation Centre for mediation and the parties were requested to remain present before the Mediator of the Gauhati High Court Mediation Centre on 09.08.2022.

Learned counsels appearing for the parties have invited attention of this court to the report of the learned Mediator dated 12.09.2022. As per the report, the parties agreed to settle their disputes on the following terms and conditions:

"1. That during negotiation both the aforesaid parties decided to settle their disputes amicably. The first party agreed to receive a sum of Rs. 6,00,000/- (Rupees six lakhs only) as a permanent alimony to be paid by the second party.

2. The second party has also agreed to return all the wearing apparels (like Mekhula sadar, Sarees etc.) of the first party lying in the house of the second party to the first party.

3. That both the parties have agreed that they shall have no claims whatsoever against each other in future and disputes are hereby settled once and for all.

4. That in furtherance of the above settlement the Second party is handing over the draft of an amount of Rs. 3,00,000/- (Rupees three lakhs only) being Draft No. 055937 of Bank of Baroda, to the first party which the first party is hereby acknowledging the receipt of the same.

5. That the second party is also returning all the apparels of the First party which the First party acknowledges the receipt herewith.

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6. That the remaining amount of Rs. 3,00,000/- (Rupees three lakhs only) shall be paid by the Second party to the first party within a period of two months.

7. That after the full payment of Rs. 6,00,000/-, both parties shall mutually close the Matrimonial Appeal No. 17/2022 pending in the Hon'ble Gauhati High Court.

8. That the settlement is arrived at without any force, fear and coercion. The parties undertake to abide by the terms and conditions of this settlement."

Mr. B. D. Das, learned senior counsel for the respondent states that as agreed between the parties and as provided under paragraph 6 of the aforesaid agreement, today a Demand Draft of Rs. 3,00,000/-, being the balance amount, has already been handed over to Mr. T. Chakraborty, learned counsel for the appellant.

Mr. T. Chakraborty, learned counsel for the appellant acknowledges the receipt of the amount as stated by the learned senior counsel for the respondent.

In the light of the aforesaid, the appeal is disposed of. The impugned judgment and decree of divorce is modified only to the extent as mentioned in the aforesaid covenant dated 12.09.2022. The parties to abide by the terms and conditions incorporated in the aforesaid agreement dated 12.09.2022. Decree be drawn accordingly.

                  JUDGE                     CHIEF JUSTICE



Comparing Assistant