Xxxxxxxx vs Xxxxxxxx
2025 Latest Caselaw 2104 Gua

Gauhati High Court

Xxxxxxxx vs Xxxxxxxx on 20 January, 2025

Author: S. K. Medhi

Bench: Sanjay Kumar Medhi

                                                                          Page No.# 1/3

GAHC010002082020




                                                                   undefined

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

                                  Case No. : Mat.App./8/2020

            XXXXXXXX
            W/O- SRI BIRAJ KUMAR SARMA, D/O- SRI BASANTA KUMAR SARMA, R/O-
            UJJAL NAGAR, HENGRABARI, P.O. AND P.S. DISPUR, GUWAHATI- 781036,
            DIST.- KAMRUP(M), ASSAM.


            VERSUS

            XXXXXXXX
            S/O- LATE KESHAB CHANDRA SARMA, R/O- LANKESWAR, BYE LANE NO.
            1, P.S. JALUKBARI, P.O. GAUHATI UNIVERSITY, DIST.- KAMRUP(M),
            ASSAM, PIN- 781014.


Advocate for the Petitioner   : MR. P S DEKA, MR. B K BHAGAWATI,MS K KALITA,MS P
DAIMARI

Advocate for the Respondent : MR. A C RAY, MR. N N JHA

            Linked Case : I.A.(Civil)/3366/2022
                            In Mat. A/8/2020

            XXXXXXXX
            W/O- SRI BIRAJ KUMAR SARMA
            D/O- SRI BASANTA KUMAR SARMA
            R/O- UJJAL NAGAR
            HENGRABARI
            P.O. AND P.S. DISPUR
            GUWAHATI- 781036
            DIST.- KAMRUP(M)
            ASSAM.


             VERSUS
                                                                    Page No.# 2/3


            XXXXXXXX
            S/O- LATE KESHAB CHANDRA SARMA
            R/O- LANKESWAR
            BYE LANE NO. 1
            P.S. JALUKBARI
            P.O. GAUHATI UNIVERSITY
            DIST.- KAMRUP(M)
            ASSAM
            PIN- 781014.


            ------------
            Advocate for : MR. B K BHAGAWATI
            Advocate for : MR. N N JHA appearing for XXXXXXXX




                                    BEFORE
                   HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
                        HONOURABLE MR. JUSTICE K. SEMA

                                        ORDER

20-01-2025 (S. K. Medhi, J) Heard Shri B. K. Bhagawati, learned counsel for the appellant as well as Ms. M. Sahu, learned counsel for the respondent.

The appeal has been presented against the judgment and order dated 04.12.2019 passed by learned Principal Judge, Family Court-1 in FC (Civil) No.1102/2017 under Section 13(1)(ia) &(ib) of Hindi Marriage Act 1955 by which the marriage between the parties was dissolved.

Shri Bhagawati, the learned counsel for the appellant has however submitted that during the pendency of the appeal, the parties have reached at an amicable settlement with regard to the alimony part and there is an agreement on the aspect of the decree of divorce. He has also informed that a total alimony of Rs.20,00,000 (Rupees Twenty Lakhs) only has been agreed Page No.# 3/3

upon out of which the first installment of Rs.7,00,000/- (Rupees Seven Lakhs) only has already been paid.

The aforesaid submission has not been disputed by Ms. Sahu, the learned counsel for the respondent.

The learned counsel for the appellant accordingly submits that in view of the said development, he would not like to pursue the present appeal. The appeal is accordingly closed.

                                  JUDGE                             JUDGE



Comparing Assistant