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2014 DIGILAW 185 (GAU)

KOUSTUV KAKATI v. PADMAJA DEKA

2014-02-14

A.K.GOSWAMI, A.M.SAPRE

body2014
JUDGMENT A.M. Sapre, J. Heard Mrs. M. Borah, learned counsel for the appellant and Mr. N. Deka, learned counsel appearing for the respondent. This is an appeal filed by the husband under Section 19 of the Family Courts Act, 1984 against the judgment dated 31.05.2013 passed by the Family Court, Kamrup at Guwahati in F.C. (Civil) No.581/2010. By the impugned order/judgment, the learned Family Judge allowed the petition filed by the wife (respondent herein) and granted decree for divorce dissolving the marriage on grounds falling under Section 13(1)(i)(i-a) of the Hindu Marriage Act. The learned Family Judge also awarded permanent alimony payable by the husband to the wife amounting to Rs.6 lakhs. Today appellant-husband and respondent-wife are present in person pursuant to our order dated 24.1.2014. The appellant and respondent have agreed that they cannot live together. The respondent (wife) stated that she has received a sum of Rs. 6 lakhs from the appellant in terms of Family Court judgment. Their only joint prayer is that grounds on which the decree for divorce was passed be annulled/set aside and, in its place, the Court should pass or/and confirm the decree for dissolution of marriage by taking recourse to the provisions of Section 13-B of the Act. In other words, the joint prayer now made before this Court is to pass a decree for dissolution of marriage under Section 13-B of the Act. In the light of agreement arrived at between the parties, which we consider it to be capable of being accepted for passing a decree for dissolution of their marriage with mutual consent, this appeal can be disposed of finally. Indeed, on facts of this case we do not consider it necessary to call upon the parties to file an application as contemplated in Section 13-B for passing the consent decree. 1. The impugned judgment/decree dated 31.5.2013 passed by Family Judge is set aside. 2. The marriage of appellant and respondent solemnized on 30.1.2009 stands dissolved with mutual consent under Section 13-B of the Act. 3. The appellant has paid a sum of Rs.6 lakh to respondent towards permanent alimony in full and final satisfaction of all her claims. 4. Parties shall withdraw all criminal cases filed by them against each other by making proper application in Courts. On such application being made, the Court concern would pass appropriate order in accordance with law. 3. The appellant has paid a sum of Rs.6 lakh to respondent towards permanent alimony in full and final satisfaction of all her claims. 4. Parties shall withdraw all criminal cases filed by them against each other by making proper application in Courts. On such application being made, the Court concern would pass appropriate order in accordance with law. The appeal stands accordingly disposed of in terms of aforesaid compromise arrived at between the parties. Decree be drawn accordingly. No cost.