Gauhati High Court
Sri Biswajit Das @ Papu Das vs Smti. Susmita Dutta @ Susmita Das on 12 December, 2023
Author: M. Zothankhuma
Bench: Michael Zothankhuma, Malasri Nandi
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GAHC010217642019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Mat.App./4/2020
SRI BISWAJIT DAS @ PAPU DAS
S/O- SRI NIKHIL DAS, R/O- PANDU, NEW COLONY, PORT ROAD, NEAR
KALIMANDIR, P.O. PANDU, MALIGAON, GUWAHATI- 781012, DIST.-
KAMRUP(M), ASSAM
VERSUS
SMTI. SUSMITA DUTTA @ SUSMITA DAS
W/O- SRI BISWAJIT DAS, D/O- DULAL DUTTA, R/O- WEST KAMAKHYA
COLONY HILL SIDE, PANDU, MALIGAON, GUWAHATI- 781012, DIST.-
KAMRUP(M), ASSAM.
Advocate for the Petitioner : MR. S NATH
Advocate for the Respondent : MR. S K AGARWAL
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
12.12.2023
(M. Zothankhuma, J)
Heard Mr. S. Nath, learned counsel for the appellant husband and Mr. S.K.
Agarwal, learned counsel for the respondent wife.
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2. The genesis of this case is that the learned Family Court, Kamrup(M) at
Guwahati, vide judgment dated 16.07.2019 passed in FC(Civil) Case
No.1007/2017, directed the appellant husband to pay Rs.5,00,000/- as
permanent alimony to the respondent wife. Till the permanent alimony was fully
paid, the appellant husband was to pay monthly maintenance of Rs.3,000/- to
the respondent wife. As the appellant husband paid only Rs.1 lakh out of the
Rs.5 lakhs to be paid and as there was huge arrears in the payment of the
monthly maintenance, this Court had allowed the appellant husband to pay the
arrear maintenance amount in instalments. The same was not complied with
and a new payment schedule was made, on the basis of the instalment plan
made by the appellant husband. This was also not complied with the appellant
husband. In view of the above, a Suo Moto Contempt Case was registered
against the appellant husband. Thereafter, vide order dated 04.10.2023, the
appellant husband was directed to be sent to civil prison for 1 (one) month for
committing contempt of Court. This Court also held in the order dated
04.10.2023, that if the arrear maintenance amount was paid in the meantime,
the appellant husband would be at liberty to approach this Court, to re-consider
the order dated 04.10.2023 passed in the contempt case.
3. The appellant husband approached this Court vide I.A.(C) No.3216/2023,
by stating that he had made payment as per the instalment plan. However, on
perusing the application, it was found that the appellant had not made payment
of arrears as per the instalment plan. An oral submission was then made that a
Deed of Compromise had been made between the appellant husband and the
respondent wife. The applicant/ appellant's counsel thus prayed for recalling the
order for civil imprisonment passed on 04.10.2023 and to dispose of the appeal
and interim application on the basis of the deed of compromise. This Court, vide
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order dated 20.11.2023 passed in I.A.(C) No.3216/2023, directed the applicant
to submit the original deed of compromise with an application.
4. This Mat. Appeal and the I.A.(C) 3216/2023 was to be disposed of, in view
of the fact that a Deed of Compromise had apparently been executed between
the appellant husband and the respondent wife, which is to the effect that the
respondent wife would not claim any amount of the permanent alimony and
monthly maintenance that had been awarded to her, beyond what had been
received by the respondent wife.
5. The appellant has submitted an additional affidavit and also submitted the
original Deed of Compromise separately which has been executed by the
appellant husband and the respondent wife.
6. The respondent wife, who had appeared in person on 23.11.2023, had
stated before this Court that she had signed the Deed of Compromise dated
14.11.2023 and that she did not wish to make any claim against the appellant
husband, besides the monthly maintenance/part of alimony already received by
her.
7. The terms of the Deed of Compromise dated 14.11.2023 executed between
the parties is re-produced below as follows :-
"NOW THIS DEED OF COMPROMISE IS MENTIONED AS UNDER:
1. WHEREAS the above First Party and Second Party has agreed to
settle the matrimonial dispute amicably by mutual settlement of
compromise to end the litigation regarding divorce case between
them.
2. That the first party (Husband) filed an appeal bearing Matt. Appeal
No.04/2020, before the Hon'ble High Court, against the judgement and
Decree of Divorce dated 16/07/2019 passed by the Principal Judge
Family Court, Guwahati in F.C. (Civil) Case No.1007/2017, which is
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pending for decision by the Hon'ble High Court.
3. That the learned Family Court Granted Divorce vide Decree of
Divorce dated 16/07/2019, with the Direction to "payment of
Rs.5,00,000/- (Rupees Five Lakhs) as permanent alimony to be paid by
the first party (Husband).
4. That the first party (Husband) has paid an amount of Rs.1,00,000/-
(Rupees One Lakh) as per the direction of the Hon'ble High Court, as
pre-condition for admitting the appeal.
5. That now both the first party and second party have arrived at a
decision that case is to be settled out of compromise and accordingly
the second party (wife) has agreed to settle the matter on the ground
that the alimony amount of Rs.1,00,000/- ( Rupees One Lakh) already
paid by First Party would be accepted as final settlement of the case,
and the first party would accept the Decree of Divorce.
6. That the second party (wife) would not claim any amount of
further arrear and current maintenance and balance alimony. Second
party has abandoned the claim of balance amount of maintenance and
alimony and thereby agreed to settle the matter by way of compromise
decree of Divorce.
7. That the first party (Husband) has agreed to accept the Divorce
and accordingly he will have to filed an application for compromise
decree before the Hon'ble High Court for final settlement of litigation.
8. That the deed of compromise is made between the parties
voluntarily and without any pressure or by either party.
Both the first party and second party have signed this agreement in
sound mind and good health on this 14th Day of November, 2023".
8. The counsels for the parties submit that as the Deed of Compromise has
been executed between the parties, the appeal can be disposed of in terms of
the Deed of Compromise. They also submit that the appellant husband has
accepted the impugned judgment dated 16.07.2019 passed by the learned
Principal Judge, Family Court No.-II, Kamrup(M), Guwahati in F.C.(Civil) Case
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No.1007/2017. The only grievance with regard to the impugned judgment on
the part of the appellant husband, had been with regard to the amount of
alimony that had been awarded to the respondent wife.
9. On considering the fact that the respondent wife had appeared before this
Court in person on 23.11.2023 and had stated that she had signed the Deed of
Compromise and did not wish to make any claim against the appellant husband,
besides the monthly maintenance/part of the alimony already received by her,
we are of the view that the matter would have to be disposed of in terms of the
Deed of Compromise.
10. Accordingly, the appeal is disposed of in terms of the Deed of Compromise
dated 14.11.2023.
11. The original copy of the Deed of Compromise dated 14.11.2023 is made a
part of the record and marked as Annexure- X.
JUDGE JUDGE
Comparing Assistant
