Gauhati High Court
Pranita Kalita vs Nupur Chandra Bhuyan on 20 February, 2025
Author: Sk Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/7
GAHC010062622023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Mat.App./47/2023
Pranita Kalita
W/O NUPUR CHANDRA BHUYAN, D/O JAY CHRAN KALITA, R/O HOUSE
NO. 35, BY LANE ASOMI PATH, GHORAMARA CHANDAN NAGAR, P.O.-
HATIGAON, GUWAHATI, UNDER HATIGAON POLICE STATAION, IN THE
DISTRICT OF KAMRUP (METRO), ASSAM.
VERSUS
Nupur Chandra Bhuyan
S/O UTTAM CHANDRA BHUYAN, PERMANENT R/O HOUSE NO. 33,
RASARAJ PATH NO. 2 BASISTHAPUR PATH, WIRELESS POLICE STATION,
P.O.- HATIGAON, BELTOLA, GUWAHATI- 781028 IN THE DISTRICT OF
KAMRUP (METRO), ASSAM.
Advocate for the Petitioner : MR P KATAKI, ,MS. R B BORA (LEGAL AID COUNSEL),MRS R
BEGUM,MRS. M D BORUAH
Advocate for the Respondent : MR. B D DEKA,
Crl.Pet./285/2019
NUPUR CHANDRA BHUYAN AND 2 ORS.
S/O SRI UTTAM CHANDRA BHUYAN
R/O HOUSE NO. 33
RASARAJ PATH
NO.2 BASISTHAPUR PATH
WIRELESS
P.S.-HATIGAON
P.O. BELTOLA
DIST.- KAMRUP (M)
Page No.# 2/7
ASSAM
2: UTTAM CHANDRA BHUYAN
S/O LT. SISHU RAM BHUYAN
R/O HOUSE NO. 33
RASARAJ PATH
NO.2 BASISTHAPUR PATH
WIRELESS
P.S.-HATIGAON
P.O. BELTOLA
DIST.- KAMRUP (M)
ASSAM
3: BINA BHUYAN
W/O SRI UTTAM CHANDRA BHUYAN
R/O HOUSE NO. 33
RASARAJ PATH
NO.2 BASISTHAPUR PATH
WIRELESS
P.S.-HATIGAON
P.O. BELTOLA
DIST.- KAMRUP (M)
ASSAM
VERSUS
PRANITA KALITA
W/O SRI NUPUR CHANDRA BHUYAN
D/O SRI JAYCHARAN KALITA
R/O HOUSE NO 35
BY LANE ASOMI PATH
GHORAMARA CHANDAN NAGAR
P.S. HATIGAON
P.O. BELTOLA
DIST.- KAMRUP (M)
ASSAM
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : MR. S B RAHMAN appearing for PRANITA KALITA
Mat.App./7/2023
XXXXXXXX
S/O SRI UTTAM CHANDRA BHUYAN
Page No.# 3/7
BASISTHAPUR PATH
WIRELESS
PS HATIGAON
PO BELTOLA
DIST KAMRUP M ASSAM
VERSUS
XXXXXXXX
W/O SRI NUPUR CHANDRA BHUYAN
D/O SRI JAYCHARAN KALIA
BY LANE ASOMI PATH
GHORAMARA CHANDAN NAGAR
PS HATIGOAN
PO BELTOLA
KAMRUP M ASSAM
------------
Advocate for : MR. B D DEKA
Advocate for : MR P KATAKI appearing for XXXXXXXX
Mat.App./8/2023
XXXXXXXX
S/O SRI UTTAM CHANDRA BHUYAN
RASARAJ PATH
NO. 2 BASISTHAPUR PATH
WIRELESS
PS HATIGAON
PO BELTOLA
KAMRUP M ASSAM
VERSUS
XXXXXXXX
W/O SRI NUPUR CHANDRA BHUYAN
D/O SRI JAYCHARAN KALITA
Page No.# 4/7
BYE LANE ASOMI PATH
GHORAMARA CHANDAN NAGAR
PS HATIGAON
PO BELTOLA KAMRUP
ASSAM
------------
Advocate for : MR. B D DEKA
Advocate for : MR P KATAKI appearing for XXXXXXXX
BEFORE
HON'BLE MR. JUSTICE SANJAY KUMAR MEDHI
HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
20.02.2025
(SK Medhi, J.)
Mat. App./7/2023 has been preferred by the husband against the final order and
judgment dated 15.11.2022 passed in FC(Civil)/404/2018 by the learned Principal
Judge, Family Court No.1, Kamrup (M), Guwahati whereby the petition filed by the
appellant under Section 13(1)(i-a) of the Hindu Marriage Act has been dismissed and
a decree of judicial separation was passed.
2. Mat. App./8/2023 has been preferred by the husband against final order and
judgment dated 25.11.2022 passed in FC (Crl.)/657/2017 by the learned Principal
Judge, Family Court No. 1, Kamrup (M), Guwahati whereby the appellant has been
directed to pay maintenance of Rs. 25,000/- per month to the respondent.
3. Mat. App./47/2023 has been preferred by the wife against the final judgment
and decree dated 15.11.2022 passed in FC(Civil)/404/2018 by the learned Principal
Judge, Family Court No.1, Kamrup (M), Guwahati whereby a decree of judicial
separation has been passed.
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4. The learned counsel for the parties, namely, Shri BD Deka and Ms. RB Bora are
present. The wife, Ms. Pranita Kalita has appeared in person.
5. On 17.02.2025, the following order was passed:
"Pursuant to the order dated 11.02.2025, today's proceeding has been held in camera.
While the appellant in Mat. App./7 & 8/2023 has appeared in person, the appellant in
Mat. App./47/2023, who is the respondent in the other two appeals has appeared
online.
The learned counsel for the parties, namely, Shri BD Deka and Ms. RB Bora are
also present before us.
The matter was deliberated upon and the parties have come to an amicable
settlement. The parties have agreed that the marriage would stand dissolved on
payment of a permanent alimony of Rs. 30,00,000/- (Thirty lakhs) only and it has
been clarified that the said amount would be exclusive and not include the amount of
maintenance paying till now.
We have also been informed that the order passed in the DV proceeding is a
subject matter of an appeal, being Crl. Pet./285/2019.
Let the case records of the aforesaid Crl. Pet./285/2019 be tagged along with the
records of these appeals.
We have also been informed that an application for enhancement of the
maintenance has been filed before the Principal Judge, Family Court No. 1 at
Guwahati, being Misc. Case/631/2024. The appellant in Mat. App./47/2023 has
undertaken to withdraw the said application as the present settlement would also
cover that aspect.
The appeals be listed on 20.02.2025 for final orders in terms of the settlement
arrived today. As directed, Crl. Pet./285/2019 is also to be listed together and would
be disposed of along with these appeals in terms of the settlement.
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The personal appearances of the parties are dispensed with and the orders
would be pronounced in terms of the settlement in presence of the learned counsel for
the parties on the next date fixed."
6. In terms of the said order, all the aforesaid appeals are disposed of with the
following directions.
i) The marriage between the parties stands dissolved as mutually agreed to;
ii) The husband has paid the permanent alimony of Rs.30,00,000/- (Rupees thirty
lakhs) only to the wife today vide cheque Nos. 091436, 091437 and 091438 dated
17.02.2025 which has been received by the wife, who has appeared in person. The
copy of the acknowledgment receipt is made part of the records;
iii) The aforesaid amount of Rs. 30,00,000/- (Rupees thirty lakhs) only would be
exclusive of the amount already paid as monthly maintenance;
iv) The D.V. Case No. 199/2018 passed by the Judicial Magistrate, including the
proceeding as a whole stands quashed;
v) The wife would withdraw the enhancement petition, being Misc. Case/631/2024
filed before the Principal Judge, Family Court No. 1 at Guwahati on or before the next
date fixed in that case;
vi) The wife would also withdraw the execution petition, being Crl.Execution Case No.
44/2022 filed before the Principal Judge, Family Court No. 1 at Guwahati on or before
the next date fixed in that case;
vii) It is further clarified that in case, any adverse observation has been made in any of
the proceedings against the husband, the same stands omitted and will not have any
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bearing in the career progression of the husband;
viii) The aforesaid amount of Rs. 30,00,000/- (Rupees thirty lakhs) only would be full
and final and the wife would not subsequently file any application for enhancement of
the same.
6. Let a decree be prepared accordingly.
JUDGE JUDGE
Comparing Assistant
