Gauhati High Court
Xxxxxxxx vs Xxxxxxxx on 26 May, 2023
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GAHC010234302022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Mat.App./43/2022
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S/O YANGOISM ARUN SINGHA,
RESIDENT OF SHYAM SUNDER SARANI, SONAI ROAD, PO AND PS
SILCHAR, DIST CACHAR, ASSAM
VERSUS
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D/O DOBIN CHANDRA SINGHA,
RESIDENT OF VILLAGE BAHADURPUR (MOINARBOND) PO GOSSAIPUR
,PS UDHARBOND, 788030,DIST CACHAR, ASSAM
Advocate for the Petitioner : MR. JUNM LASKAR
Advocate for the Respondent : MR. N DHAR
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
26.05.2023
(A.D. Choudhury, J)
1. The present matrimonial appeal is filed assailing the judgment and
decree dated 20.09.2022 passed by the learned Principal Judge,
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Family Court, Cachar in F.C. (Civil) No. 300/2020.
2. The respondent preferred an application under Section 13 (B) of
Hindu Marriage Act, 1955 for dissolution of marriage by a decree of
divorce by mutual consent, which was registered as F.C. (Civil) Case
No. 300/2020.
3. Subsequently, the petitioner filed a petition for withdrawal of the
said petition filed under Section 13 (B) of the Hindu Marriage Act.
Thereafter, the F.C. (Civil) No. 300/2020 was dismissed by the
judgment impugned in the present appeal holding that the consent
given by the petitioner does not appear to be free consent and the
petition also cannot be taken to be joint petition and therefore, there
is no scope for granting of dissolution of the marriage on the basis
of mutual consent.
4. While the matter was taken up by this court on 20.03.2023, the
learned counsel for the appellant made a statement before the court
that parties are in the midst of compromise talk and accordingly,
prayed for a deferment of the matter by four weeks, which was
allowed by this court.
5. When this matter is listed today, the learned counsel for the
appellant has produced an affidavit sworn by the respondent before
the Notary Public, Silchar declaring amongst other, the following:
"4. That there is absolutely no scope for reconciliation and
restitution of conjugal life between me and my husband and
as such after filing of the above appeal, the matter has been
duly settled in the village bichar between both the parties. As
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per the decision of the village bichar, I voluntarily agreed and
gave my due consent finally for mutual divorce with my said
husband and in furtherance, I have duly received my alimony
and final settlement amount from my husband Sri Yangoism
Singha on 14.04.2023. I have no further demand or claim of
alimony/ compensation from my said husband.
5. That I hereby declare that I have my full consent to mutual
divorce with my husband Sri Yangoism Jilangamba Singha for
the aforesaid reason and I gave my consent voluntarily
without any inducement or threat from any quarter."
6. The learned counsel for the respondent also submits that he has
instruction from his client to submit that the affidavit has been
sworn by the respondent and the parties have mutually decided to
dissolve the marriage.
7. In view of the aforesaid mutual consensus to dissolve the marriage
solemnized between the parties, it is ordered that the marriage
solemnized between the appellant and respondent on 29.05.2019 be
dissolved on mutual consent.
8. Accordingly, the appeal stands closed. Decree be prepared
accordingly. Parties to bear their own costs.
JUDGE CHIEF JUSTICE
Comparing Assistant
