Research › Search › Judgment

Gauhati High Court · body

2017 DIGILAW 431 (GAU)

JONMONI KALITA BARMAN v. KAMAL KUMAR BARMAN

2017-04-06

AJIT SINGH, MANOJIT BHUYAN

body2017
AJIT SINGH, J. 1. The appellant and respondent are wife and husband. The present appeal has been filed by the appellant-wife under Section 28 of the Hindu Marriage Act, 1955 against judgment and decree dated 23.12.2013 passed by the District Judge, Nalbari in Title Suit (Divorce) No.12/2006, whereby he has allowed respondent’s petition filed under Section 13(1)(i-a) of the Hindu Marriage Act, 1955. 2. The District Judge, Nalbari, by the impugned judgment and decree, has dissolved the marriage between appellant-wife and respondent-husband. 3. During the course of hearing, both wife and husband have entered into a compromise. They have also filed joint petition in this regard. Its relevant extract reads as follows: “That both the petitioner and respondent have agreed to come to an amicable settlement and accordingly the respondent husband has agreed to pay permanent alimony of Rs.12 lacs. (Twelve lacs) to the petitioner wife in order to settle all cases between the parties including the present matrimonial appeal in respect of permanent alimony. That the respondent husband has agreed to pay the said amount of 12 (twelve lacs) in 3 installments an amount of Rs.4,00,000/- is to be paid within 5 months and remaining two equal installments shall be paid within 18 months. That the petitioner wife shall withdraw the present maintenance proceedings pending before the learned Court of SDJM, Rangia, Kamrup (R) and she shall not be able to claim any amount in future as maintenance or permanent alimony for herself and the children.” 4. Having regard to the compromise arrived at between wife and husband, we finally dispose of this appeal in terms of the above quoted settlement. In the result, judgment and decree dated 23.12.2013 passed by the District Judge, Nalbari in Title Suit (Divorce) No.12/2006 for divorce is affirmed, subject to payment of agreed permanent alimony by the husband to wife.