Xxxxxxxx vs Xxxxxxxx
2025 Latest Caselaw 9699 Gua

Gauhati High Court

Xxxxxxxx vs Xxxxxxxx on 18 December, 2025

Author: M. Zothankhuma

Bench: Michael Zothankhuma

                                                                        Page No.# 1/4

GAHC010149972022




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

                                  Case No. : Mat.App./23/2023

            XXXXXXXX
            W/O- UTTAM PAUL, PRESENTLY RESIDING AT BARPETA ROAD TOWN,
            WARD NO. 6, P.O. BARPETA ROAD, DIST. BARPETA, ASSAM, PIN- 781301.



            VERSUS

            XXXXXXXX
            S/O- LATE SURENDRA PAUL, VILL.- JAKLIBIL PATHAR (CHILARAI
            NAGAR), P.O. BARPETA ROAD, P.S. GOBARDHANA, DIST. BARPETA,
            ASSAM, PIN- 781301.



Advocate for the Petitioner   : MD M S ALI,

Advocate for the Respondent : ,




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                 HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

                                           ORDER

18.12.2025 (M. Zothankhuma, J)

Md. M.S. Ali, learned counsel appears for the appellant. No one appears for the respondent.

Page No.# 2/4

2. This is an appeal under Section 19 of the Family Courts Act, 1984 against the Judgment and Order dated 22.06.2022, passed by the learned Principal Judge, Family Court, Barpeta in TS(M) F.C. No. 184/2021, whereby the petition filed by the appellant-wife seeking dissolution of her marriage with the respondent-husband by a decree of divorce filed under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, has been dismissed. Aggrieved thereby, the appellant-wife has preferred the instant appeal.

3. This appeal had been sent for mediation vide order dated 14.07.2025 and the matter was registered as Mediation Case No.89/2025.

4. The matter has been listed today on account of the learned Mediator, in her report, having informed the Registrar (Judicial)-cum-Secretary (I/c), Gauhati High Court Mediation Centre, that the parties had settled their dispute, by agreeing to dissolve the marriage by mutual consent, after following the due process required. Further, the respondent had expressed his willingness not to contest the present appeal.

5. The Deed of Settlement dated 16.09.2025, which has been signed by both the parties, the appellant's counsel Md. M.S. Ali and the Mediator Ritamoni Goswami, states as follows:-

"This Deed of Settlement is made on this the 16 th day of September, 2025 in the Gauahti High Court Mediation Centre, Kamrup (Metro) at Guwahati:

Between Page No.# 3/4

Smti Rimpa Debnath .....Petitioner

Versus

SHRI UTTAM PAUL .....Respondent

WHEREAS, in mediation process both the parties have appeared and expressed their willingness to end up the disputes voluntarily for amicable settlement on certain terms and conditions which both the parties have agreed to put down in writing so as to form a part of this Deed of Agreement. The terms below as follows:-

1. That, the parties have voluntarily agreed to settle the disputes in pending case between the parties.

2. That, the Respondent has expressed his willingness not to contest the present MAT Appeal No. 23/2023 and accordingly both the parties have agreed to dissolve their marriage with mutual consent by following up the required proceedings, if any.

3. That, the parties have mutually agreed to end up all the litigations if pending before any Court of law and also agreed that, none of the parties would entitled to initiate any case in against to each other after execution of divorce.

4. That, pursuant to the Agreement, none of the parties would interfere each other's life and both will lead independent own life in future.

5. That, the 2 (two) children born out of marriage of the parties are living with the Respondent and there is no conflict in regard of custody of the children and the Petitioner shall not claim custody of children in future. However, the Petitioner will be at her liberty to visit her both child."

6. This appeal is accordingly disposed of in line with the above Deed of Page No.# 4/4

Settlement dated 16.09.2025 executed by both the parties.

7. The above being said, the parties are given the liberty to approach the concerned Family Court for dissolving their marriage by mutual consent in terms of Section 13B of the Hindu Marriage Act, 1955 as a follow-up measure and acting upon the Deed of Settlement dated 16.09.2025.

8. Send back the TCR.

                            JUDGE                             JUDGE




Comparing Assistant