Gauhati High Court
Xxxxxxxx vs Xxxxxxxx on 12 October, 2023
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GAHC010263912022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Mat.App./2/2023
XXXXXXXX
S/O ANIL KUMAR DAS,
R/O HOUSE NO. 68, NAMGHAR PATH,
P.O. AND P.S.- HATIGAON,
PIN- 781038, GUWAHATI, DIST.- KAMRUP, ASSAM.
VERSUS
XXXXXXXX
C/O DHIRENDRA NATH KALITA,
R/O HOUSE NO. 22, GREEN PATH, SHAH NAGAR,
P.O. AND P.S.- HATIGAON, GUWAHATI,
PIN- 781038, DIST.- KAMRUP, ASSAM.
Advocate for the Petitioner : MR. U PATHAK
Advocate for the Respondent : MR P CHOUDHURY
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 12-10-2023
(M. Zothankhuma, J)
Heard Mr. HK Das, learned counsel for the appellant. Also heard Mr. P
Choudhury, learned counsel for the respondent.
2. This appeal has been filed against the judgment and order dated
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20.10.2022 passed by the learned Principal Judge No. I, Family Court, Guwahati
in Misc.(J) Case No. 105/2019, whereby permanent alimony has been granted in
favour of the respondent by granting a sum of Rs. 10,00,000/-. As this Court
was of the view that there was a chance of a settlement of the dispute between
the parties, the said appeal has been sent for mediation vide order dated
22.09.2023.
3. Mr. HK Das, learned counsel for the appellant and Mr. P Choudhury,
learned counsel for the respondent submit that the mediation between the
parties has been successful and accordingly, the terms of settlement between
the parties has been executed by the parties and witnessed by Mr. NK Sarma,
learned counsel for the appellant and Ms. Pubali Saikia, learned counsel for the
respondent. They accordingly submit that the present appeal can be disposed of
in terms of the settlement made between the parties on 06.10.2023 and the
impugned judgment and order dated 20.10.2022 passed by the learned Family
Court may be modified in terms of settlement arrived at between the parties.
4. On hearing the submissions made by the counsels for the parties and on
perusing the letter dated 06.10.2023 issued by the Advocate/Mediator Gautam
Chaudhury, which is to the effect that the parties have successfully settled their
disputes, in terms of settlement dated 06.10.2023, we are disposing of the
present appeal in terms of the settlement dated 06.10.2023.
5. The terms of settlement dated 06.10.2023 executed by the parties is
reproduced as follows:-
"TERMS OF SETTLEMENT
Mediation Case no 31/2023
Ref. MAT Appeal no-2/2023
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This agreement is hereby made between Shri Ajay Das, son of
Sri Anil Kumar Das, Resident of House No.68, Namghar Path,
Hatigaon under P.O. and P.S.-Hatigaon, Guwahati-38, in the
District of Kamrup (M), Assam (hereinafter called the First
Party/Appellant.
AND
Smt. Nitumoni Kalita, Daughter of Sri Dhirendra Nath Kalita,
Resident of House No.22, Green Path, Shahnagar, Hatigaon,
Guwahati-38, under P.O. & P.S. Hatigaon, in the district of Kamrup
(M), Assam (hereinafter called the Second Party/ Respondent.
AND
WHEREAS the Respondent above named had approached the
learned Family Court vide Case Misc.(J) No.105/2019 under Section
25(1) of the Hindu Marriage Act, 1955 for the grant of permanent
alimony after the dissolution of their marriage by way of a Decree of
Divorce by judgment and order dated 01.04.2019 passed in F.C.
(Civil) Case No.306/2015
AND
WHEREAS vide order dated 20.10.2022 passed in the said
case Misc.(J) No.105/2019, the learned Court below was pleased to
award an amount of Rs.10,00,000/- (Rupees ten lac) as permanent
alimony.
AND
WHEREAS on being agreed by the same amount awarding
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alimony the appellant had preferred the instant Mat. Appeal
No.02/2023 which was directed to probe as to whether the disputes
could be settled through the process of Mediation vide order dated
22.09.2023.
AND
WHEREAS both the parties has appeared today before the
Gauhati High Court Mediation Centre on being intimated about the
date of sitting and appeared before the Mediation.
AND
WHEREAS on the process of Mediation and its purpose being
explained to the parties, they have agreed to settle the disputes on
the following terms and conditions and further agreed that the said
terms and conditions shall be final and binding between them and
has also desired the same to be placed before the Hon'ble Gauhati
High Court for the purpose of modification of the judgment dated
20.10.2022 passed in the said Misc.(J) No.105/2019.
Now this Indenture witnesseth as follows :
1. That both the parties have agreed to settle the quantum of
alimony at Rs.6,50,000/- (Rupees six lac fifty thousand) only.
2. That the said agreed amount of Rs.6,50,000/- (Rupees six lac
fifty thousand) only shall be paid in six installments commencing
from the month of October, 2023 of which the first installment of
Rs.1,50,000/- (Rupees one lac fifty thousand) only shall be paid
within the month of October and thereafter @ Rs.1,00,000/-
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(Rupees one lac) only before the 1st week of succeeding month
positively.
3. That it is also agreed by and between the parties that an effort
will be made by the Appellant to complete the entire outstanding
before the month of March, 2024 and each installment shall be paid
by way of account payee Demand Draft purchased in the name of
the Respondent and shall be deposited in the Court of the Principal
Judge, Family Court, Gauhati on or before the 7 th day of each
month commencing from the month of November, 2023 positively,
failing which the defaulted amount shall bear an interest of 12% per
annum which will be payable to the Respondent herein.
4. That it is hereby agreed between the parties that after the
payment of the entire amount of Rs.6,50,000/- (Rupees six lac fifty
thousand) only there shall be no further claims and/or demands
whatsoever by the Respondent against the Appellant in the future.
5. That it has been agreed by the parties that after payment of
the said Rs.1,50,000/- (Rupees one lac fifty thousand) only in the
month of October, 2023 there may be a delay of around seven days
in paying the second installments of Rs.1,00,000/- (Rupees one lac)
only which will be cleared positively by the second week of
November, 2023 along with an additional cost of Rs.1,000/- (Rupees
one thousand) only. But there shall be no delay in the payment of
installments of Rs.1,00,000/- each (Rupees one lac) only from the
month of December, 2023 onwards till the final installment in the
month of March, 2024.
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In witness whereoff, the parties put their respective
signature on this terms of settlement today this the 6 th day of
October, 2023 in the Hon'ble Gauhati High Court Mediation
Centre.
Witnesses :
Sd/- Sd/-
Nikunja Kr. Sarma Ajay Das
Advocate
(for the Appellant)
Sd/- Sd/-
Pubali Saikia Nitu Moni Kalita
Advocate
(for the Respondent)"
6. The impugned judgment and order dated 20.10.2022 passed by the
learned Principal Judge No. I, Family Court, Guwahati in Misc.(J) Case No.
105/2019 is accordingly modified in terms of the settlement dated 06.10.2023
reproduced above.
7. The appeal is accordingly disposed of.
JUDGE JUDGE
Comparing Assistant
