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2016 DIGILAW 416 (GAU)

Abha Singh v. Rakesh Kumar Singh

2016-05-12

AJIT SINGH, SUMAN SHYAM

body2016
Ajit Singh; CJ.:-- 1. This appeal by the wife is directed against the final order and decree dated 22.5.2015 passed by the Family Court, Kamrup, Guwahati, in F.C.(Civil) Case No. 116/2015. 2. The wife filed a petition for divorce against the husband. During the pendency of petition, joint application No. 690/2015 was filed by wife and husband for passing a decree of divorce on the terms and conditions mentioned therein. And the Principal Judge, after perusing the record and hearing the parties, by the impugned final order, allowed the joint application and passed a decree of dissolution of marriage between them, on the terms and conditions mentioned in the joint petition. The wife, dissatisfied with one of the conditions, has challenged the final order in the present appeal. 3. And, now again, a joint affidavit has been filed by the wife and husband for passing a final decree, on the agreed revised terms and conditions. This affidavit is directed to be taken on record. 4. After deliberating with the wife and husband, we are convinced that their marriage has broken down and there is no scope of their living together. We, therefore, deem it proper to allow their prayer and finally dispose of the appeal on the revised terms and conditions agreed by them, which are as follows:- “(a) That, it is amicably resolved between them that the husband will acquire the absolute ownership of the business firm namely M/s. A.R. Enterprises, which was owned by the wife before dissolution of the marriage. (b) That, the husband will also take all the liability of the C.C. loan account No. 914030038654694 of the Axis Bank, Guwahati, which stands in the name of the Business firm namely M/s. A.R. Enterprises and by exonerating the wife from such liability of the said Axis Bank, said CC loan account would be carried out by the husband hereafter. (c) That, the husband will take all initiatives to hand over to the wife all taxation papers, which are presently lying in the custody of the husband. The husband will hand over all necessary Balance Sheet, Audit Report and other relevant papers etc. to the wife without fail. (d) That the husband has already paid to the wife an amount of Rs. 20 lacs out of total amount of Rs. 50 lacs as permanent alimony. As per the earlier agreement, Rs. The husband will hand over all necessary Balance Sheet, Audit Report and other relevant papers etc. to the wife without fail. (d) That the husband has already paid to the wife an amount of Rs. 20 lacs out of total amount of Rs. 50 lacs as permanent alimony. As per the earlier agreement, Rs. 25 lacs was to be paid immediately and another Rs. 25 lacs was to be paid within two years from the date of decree. However, the parties herein now resolved that the husband will pay the balance amount of first instalment i.e. Rs. 5 lacs within 31st of June, 2016 and in this regard has issued a post dated Cheque bearing No. 003828 of ICICI Bank. The rest amount of alimony i.e. Rs. 25 lacs will be paid by the husband to the wife within two years from the date of swearing this affidavit in five equal instalments. In this regard, the husband has issued 5 (five) post dated Cheques bearing No. 003829 dated 12/10/2016, 003830 dated 12/03/2017, 003831 dated 12/08/2017, 003832 dated 12/01/2018 and 003833 dated 12/06/2018. (e) That, it is agreed by the wife that upon issuance of the new cheque amounting to Rs. 5 Lacs as narrated in the preceding para, she will return the earlier cheque of Rs. 5 Lacs which remained un-cleared to the husband. (f) That, the wife will also do the needful to hand over the custody of both the child namely Mast. Ansh and Mast. Artharv to the husband forever, wherein the wife shall claim no right over the said children hereafter. Henceforth, both the child will be looked after by the husband and entire cost of their upbringing shall be undertaken by the husband forever. (g) That, the wife undertakes to vacate the Flat situated at Kanaklata Apartment, Flat No. 1B, Nandanpur Path, Basistha Road, Ghy- 28, Dist. Kamrup, which is presently occupied by her, within a period of 4(four) months from the date of swearing this affidavit. While handing over the possession of the said Flat to the husband, the wife will also give a NOC in favour of the husband indicating her relinquishment of rights/claims over the said flat forever. Moreover, it is agreed herein that the bank liability as mentioned above in Clause-b, shall be cleared by the husband only after handing over the possession of the Flat to him by the wife. Moreover, it is agreed herein that the bank liability as mentioned above in Clause-b, shall be cleared by the husband only after handing over the possession of the Flat to him by the wife. The wife shall also have to issue a Power of Attorney in favour of the husband for operation of the said loan account of Axis Bank Ltd. (h) That, immediately after execution of this affidavit, in terms of their settlement codified herein, will make joint/ individual endevours to withdraw their all cases pending against each other in different courts as well as in police station as indicated in paragraph- 3 & 4 of this affidavit or anywhere else and in case of inaction from either part, other party would be at liberty to take own initiatives for closure of the cases on the strength of this joint affidavit. Be it stated herein that by dint of this amicable settlement arrived at between the parties herein, the effect of all the pending cases between the present parties ipso facto become infructuous and be treated as nullified for all future purposes for the both parties. (i) That, it is hereby agreed that a copy of this affidavit will be placed before the Learned Family Court, Guwahati, for keeping on record of F.C. (Civil) Case No. 116/15, as a part of Decree of Divorce.” 5. The application is allowed. In the result, the appeal is also allowed. A decree of divorce be accordingly drawn between the parties on the terms and conditions enumerated above.