Gauhati High Court
Chandan Deka vs Anjumoni Deka on 30 July, 2025
Author: M. Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/4
GAHC010003672024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Mat.App./1/2024
CHANDAN DEKA
S/O LATE SUKHUNA RAM DEKA,
R/O HOUSE NO. 06, GITAMANDIR, AMAYAPUR PATH MOTHER TERESA
ROAD, P.O. AND P.S.- NOONMATI, GUWAHATI, DIST.- KAMRUP (METRO),
PIN- 781020, ASSAM.
VERSUS
ANJUMONI DEKA
W/O SRI CHANDAN DEKA,
D/O SRI NARENDRA NATH DEKA,
R/O GANESH NAGAR, BASISTHA, P.O. AND P.S.- BASISTHA, GUWAHATI,
DIST.- KAMRUP (METRO), PIN- 781029, ASSAM.
Advocate for the Petitioner : DR. N DEKA, MS N BORAH,MS P CHAKRABORTY,MS N
MANSURI
Advocate for the Respondent : MR P C SARMA, MRS A SAIKIA
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER
30.07.2025
(M. Zothankhuma, J)
Dr. N. Deka, learned counsel appears for the appellant. No one appears for
the respondent.
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2. This Matrimonial Appeal has been filed by the husband against the
Judgment and Decree dated 06.12.2023, passed by the learned Principal Judge,
Family Court-II, Kamrup (M), Guwahati in F.C. (Civil) Case No.92/2022, whereby
the petition filed by the appellant seeking a Decree of Divorce, was dismissed.
3. During the proceedings of this case, the parties had agreed that the
matter should be referred to the Gauhati High Court Mediation Centre, to
explore the possibility of a settlement of the dispute involved in the present
appeal. Accordingly, this case had been sent to the Gauhati High Court
Mediation Centre, vide order dated 19.12.2024, for attempting a settlement
between the parties.
4. The Advocate Mediator, Smt. Papia Chakraborty has submitted a letter
dated 21.04.2025, along with the Agreement of Settlement dated 05.03.2025
that has been arrived at between the parties.
5. The Agreement of Settlement dated 05.03.2025 is reproduced hereinbelow
as follows:-
"AGREEMENT OF SETTLEMENT
Sri Chandan Deka, Son Of Late Sukhuna Ram Deka, Resident Of-House No. 6,
Gita Mandir, Amayapur Path, Mother Teresa Road, P.O & P.S- Noonmati,
Guwahati-781020, District, Kamrup (Metro), Assam.
........Husband (1st Party/Appellant)
-AND-
Smti. Anjumani Deka, D/O- Sri Narendra Nath Deka, Resident Of- Ganesh
Nagar, Basistha, P.O & P.S- Basistha, Guwahati-781029, District, Kamrup
(Metro), Assam
........Wife (2nd party/Respondent)
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Today on 05th day of March, 2025 before the Mediation Centre at Guwahati we
agree to settle all issues arising out of our matrimonial relationships once for all,
for all times to come, in the following terms:
1. The Respondent Smt. Anjumani Deka does not have any objection if the
Hon'ble Court dissolves the marriage by passing an order and granting decree
of divorce as prayed by the Appellant.
2. That the Appellant Chandan Deka will pay an amount of 25,00,000/- (Rupees
Twenty Five Lakhs) as permanent alimony to the Respondent/Wife by way of
cheque vide cheque no. 930208 amounting Rs. 15,00,000/- (Rupees Fifteen
Lakhs) dated 02.04.2025 and cheque no. 930209 amounting Rs. 10,00,000/-
(Rupees Ten Lakhs) dated 10.04.2025. Both the cheques will be issued in the
name of Respondent ANJUMANI DEKA. In future the Respondent will not claim
any maintenance, compensation and alimony of any nature under any provision
of Law arising out of the matrimonial relationship.
3. The Respondent will not claim any maintenance for her daughter in future
and all kinds of maintenance to the daughter have been adjusted with the
permanent alimony which will be paid by the Appellant.
4. The Respondent Smt. Anjumani Deka will file a petition in Criminal Execution
Case No.90/2023 arising out of F.C. (Criminal) case No.112/2022 stating that
from the month of April 2025, the Respondent will not claim the monthly
maintenance of ₹15,000/-she has been receiving and also the Respondent will
state in her petition that no deductions will be made from the salary of the
Appellant Sri Chandan Deka from his office and the Respondent will also pray in
her petition that the Hon'ble Family Court, Guwahati may pass a direction to the
office of the concerned Railways Authority for not making any such deductions.
5. The Respondent had already taken all her STRIDHAN articles from the
Appellant and in future there will be no claims as regards STRIDHAN articles.
6. The mode of paying the permanent alimony will be paid vide cheques.
7. Both the parties agree not to pursue any legal proceedings in any Court Of
Law arising out of their marriage and matrimonial right.
8. Hence forth both parties agree not to claim relationship of husband and wife
between them."
6. In view of the Agreement of Settlement dated 05.03.2025, this Court is of
the view that the appeal should be closed.
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7. Consequently, the impugned Judgment and Decree dated 06.12.2023
passed by the learned Principal Judge, Family Court-II, Kamrup (M), Guwahati in
F.C. (Civil) Case No.92/2022 shall stand modified in terms of the Agreement of
Settlement dated 05.03.2025. The learned Trial Court shall accordingly pass a
decree in terms of the Agreement of Settlement dated 05.03.2025 agreed to
between the parties.
3. The appeal is accordingly disposed of.
JUDGE JUDGE
Comparing Assistant
