JUDGMENT : Ajai Lamba, J. Smti. Utpala Kaur Choudhury has preferred this matrimonial appeal challenging judgment and decree dated 25.11.2016 rendered by the Principal Judge, Family Court-II, Kamrup (Metro), Guwahati in FC (Civil) No.582/2012 titled Sri Mridul Choudhury vs. Smti. Utpala Kaur Choudhury. A perusal of the impugned judgment indicates that the respondent husband filed a case for divorce. The case has been allowed. The marriage has been dissolved by virtue of a decree of divorce. It needs to be mentioned that the case was filed under Section 27 of the Special Marriage Act, 1954. 2. We need not go into the intricacies of the case in so much as dispute has been settled outside Court by virtue of a deed of compromise executed on 12.2.2020 on non-judicial stamp paper. The deed of compromise along with accompanying additional affidavit, also sworn on 12.2.2020 and signed by both the sides has been filed in Court, which is taken on record. The relevant facts that emerge are that the appellant wife and the respondent husband have two daughters from the wedlock, one aged 13 years 6 months, and the other 10 years 11 months. Other than the case under adjudication is a case under Domestic Violence Act bearing DV Case No.7M/2011 is pending in the Court of Sub-Divisional Judicial Magistrate (1), Kamrup (Metro), Guwahati filed at the instance of the appellant wife. 3. The deed of compromise has been executed between the husband Sri Mridul Choudhury as party No.1; and Smti. Utpala Kaur Choudhury as party No.2. Reference to the deed of compromise in extenso is required. 3. The deed of compromise has been executed between the husband Sri Mridul Choudhury as party No.1; and Smti. Utpala Kaur Choudhury as party No.2. Reference to the deed of compromise in extenso is required. The deed of compromise, verbatim, reads as under; “DEED OF COMPROMISE This Deed of Compromise is made on this 12th day of February 2020 at Guwahati Between Sri Mridul Choudhury, Son of Late Pranab Kumar Choudhury resident of House No.61, Bhuban Road, Uzan Bazaar, Guwahati-781001 Kamrup Metro Assam which includes his heirs, successors, assignees and representatives and which is hereinafter referred to as the First Party /Husband; And Ms Utpala Kaur, Daughter of Late Hashar Singh, resident of House No.61, Bhuban Road, Uzan Bazaar, Guwahati-781001 Kamrup Metro Assam which includes her heirs, successors, assignees and representatives and which is hereinafter referred to as the Second Party /Wife; Whereas, the parties hereto were husband and wife who got married on 03.05.2001 under Special Marriage Act and out of the said wedlock the parties have two daughters, namely, Miss Misimi Choudhury aged about 13.5 years, and Miss Mugdha Choudhury aged about 10.11 years; And Whereas, there were some disputes and differences between the parties which led to various litigations such Divorce Proceedings and Proceedings under D. V. Act, 2005; And whereas, the First Party instituted a Divorce Proceeding against the Second Party being F C (Civil) Case No.582/2012 which was disposed of on merit by the Hon'ble Family Court vide Judgment and Order dated 25.11.2016 and the decree of divorce was granted. But the Second Party preferred a Matrimonial Appeal in the Hon'ble Gauhati High Court being Mat Appeal No.08/2017 which is now pending for adjudication. And whereas the parties, in the mean time after a threadbare discussion arrived at an amicable settlement which has been reduced to writing in the instant covenant; Now this deed of compromise is witnesseth as follows:- Terms and Conditions: 1. That the First Party has to pay a sum of Rs.6,50,000/- as permanent alimony to the Second Party. The payment terms of the said amount shall be as follows:- (a) On the signing of this agreement the First Party shall pay some of Rs.2,00,000/- to the Second Party as first part payment of the said sum of Rs.6.5 Lakhs. That the First Party has to pay a sum of Rs.6,50,000/- as permanent alimony to the Second Party. The payment terms of the said amount shall be as follows:- (a) On the signing of this agreement the First Party shall pay some of Rs.2,00,000/- to the Second Party as first part payment of the said sum of Rs.6.5 Lakhs. (b) Within 2 months thereafter, the First Party shall pay another sum of Rs.2,00,000/- to the Second Party as second part payment of the said sum of Rs.6.5 Lakhs. (c) Within 3 months from the payment second instalment of Rs.2 Lakh, the First Party shall pay the remaining amount of Rs.2,50,000/- Lakh to the Second Party. 2. That the First Party shall purchase a 3 bed room flat in the name of Second Party in any good location within the vicinity from Chandmari to Pan Bazaar and the same shall be handed over to the Second Party within 3 years from the execution of this deed. The other conditions of the said flat to be given to the Second Party shall be as follows:- (a) The said flat may be a used flat (but not older than 4 years) or a new one; (b) The flat shall be along with a car parking; (c) The flat shall be within the price range of Rs.60 Lakh. (d) The Second Party shall not be entitled to sale or let out the said flat in any circumstance; (e) Be it stated herein that after the demise of the Second Party, the said flat shall be the property of their two daughters; (f) The Flat should be in a convenient place and shall not be in hilly area. The location of the flat shall be selected by both the parties with their mutual consent; (g) If the First Party fails to handover the said 3 BHK flat within the stipulated period of 3 years, then the present accommodation using by the Second Party shall be permanently transferred to the Second Party. In that case, the Second Party shall not be entitled to sale or let out the said flat in any circumstance. Be it again stated herein that after the demise of the Second Party, the said share of accommodation transferred in the name of the Second Party shall be the property of their two daughters. In that case, the Second Party shall not be entitled to sale or let out the said flat in any circumstance. Be it again stated herein that after the demise of the Second Party, the said share of accommodation transferred in the name of the Second Party shall be the property of their two daughters. (h) The parties shall not reject a well accommodated or well located flat without any genuine reason. While selecting the flat the parties must consider the convenience of their daughters' school etc. (i) It is stated, in case of demise of the 1st Party before delivery of the said 3BHK flat, the 2nd party shall be entitled to hold the present accommodation for life and her right to the said property shall be absolute. It is stated again that the 2nd party cannot sale or let out the present accommodation. 3. That the First Party, without any disturbance, shall allow the Second Party to live in the present living space situated at the 2nd Floor of the aforementioned address with all essential facilities such as water, electricity etc. The Second Party shall leave the said accommodation after handing over of the 3BHK flat as mentioned in the Paragraph 2 above. Be it categorically stated herein that during the stay in the present accommodation, the Second Party and their daughters, friends and relatives shall not be disturbed by any means by any members of the First Party's family or vice versa. The First Party shall provide a car parking to the Second Party in the ground floor of the present accommodation. 4. That the parties hereto have agreed that there shall be an electric sub metre installed for the calculation of electricity consumed by the Second Party. The First Party shall inform the Second Party about the details of electric consumption after receiving the bill from the APDCL and out of the said bill up to Rs.2000/- shall be borne by the First Party and the bill amount beyond Rs.2000/- shall be paid by the Second Party. It is also mentioned herein that the Second Party shall not install any electric equipment beyond the allotted electric load by the APDCL. 5. It is also mentioned herein that the Second Party shall not install any electric equipment beyond the allotted electric load by the APDCL. 5. Apart from the above, the First Party shall also pay a fixed sum of Rs.15000/- (Fifteen Thousand) to the Second Party as monthly maintenance from the month of March 2020 which shall be paid within 10th day of every month. 6. That the First Party shall pay all expenses of their two daughters within his limit i.e. day to day maintenance, travelling expenses, educational expenses, medical and all other unseen expenses till their establishment in life. The First Party shall bear the marriage expenses of their two daughters. Any decision in respect of two daughters' educational studies, travelling or marriage will be made with the consent of both the parties. 7. The First Party shall always provide all physical help for the proper upbringing of their children. The parties expect that the present arrangement of providing physical and mental help for the upbringing of their daughters would continue forever. Rather parties would sit for discussion without hesitation to develop and improve any difficult conditions that may arise in upbringing of their children. 8. That if the parties herein gets married or lives together with any one shall leave the present accommodation i.e. the residential complex of Uzan Bazaar for a maximum period of 3 years. 9. That it is stated herein that the share of the First Party in the Petrol Pump i.e. M/s Luit Service Station shall be devolved in the name of their daughters i.e. Miss Misimi Choudhury and Miss Mugdha Choudhury after the demise of the First Party. Further, the death of the First Party should be a natural death or a death beyond the age of 70 years. Otherwise this clause shall not be applicable. Be it stated herein that except the above, in case of all other movable and immovable properties, the Law of Hindu Succession as on today shall apply. 10. Pending Cases: The Second Party shall withdraw the following cases on the signing of the instant agreement or on the next date fixed. The details are as follows:- (a) The Mat Appeal No.08/2017 presently pending in the Gauhati High Court shall be withdrawn on the next date fixed. Otherwise this agreement shall be the consent of the Second Party to dismiss the said appeal as withdrawn. The details are as follows:- (a) The Mat Appeal No.08/2017 presently pending in the Gauhati High Court shall be withdrawn on the next date fixed. Otherwise this agreement shall be the consent of the Second Party to dismiss the said appeal as withdrawn. (b) The D V Case No.07M/2011 presently pending in the Court of SDJM No.1 Kamrup metro at Guwahati on the next date. Otherwise this agreement shall be the consent of the Second Party to dismiss the said D.V. as withdrawn. 11. That the Second Party declares that she has no other claim as regards maintenance from the First Party in connection with their wedlock except the above. 12. The parties are governed by the doctrine of estoppels and acquiescence as such none can re-agitate the issue of matrimonial disputes any further. The divorce decree granted by the trial Court is hereby confirmed. 13. The instant covenant is executed in 4 sets in origin. All the sets shall be treated as origin in the Court of law. This agreement shall be notorised in Kamrup metro. The parties hereto have subscribed their hands unto this deed of compromise on the day, month and year herein first mentioned.” 4. Appellant wife is present in Court, as identified by her counsel Ms. N Choudhry and states that indeed all the disputes have been settled in terms of deed of compromise, which has been signed by her. She further states that let the appeal be disposed of as withdrawn. The appellant wife accepts the divorce, on the conditions; laid in the deed of compromise, which has been extracted hereinabove. 5. Considering all the facts and circumstances of the case, and in particular the contents of the deed of compromise and the statement given by the appellant, this matrimonial appeal is disposed of as withdrawn in terms of the compromise. Consequently, the marriage stands dissolved by a decree of divorce, as ruled by the trial Court.