JUDGMENT Ajai Lamba, C.J. - Heard Ms. N. Choudhury, learned counsel for the appellant/husband and Mr. J. Abbas, learned counsel appearing for the respondent/wife. 2. Shri Sarat Chandra Nath, the husband has preferred this appeal against judgment & decree dated 29.05.2019 rendered in F.C. (Civil) Case No.92/2015 (Shri Sarat Chandra Nath -Vs- Smti. Bharati Devi). wxyz Vide the impugned judgment & decree, the petition for divorce filed under Section 13(1)(ia) of the Hindu Marriage Act, 1955 read with Section 27(d) of the Special Marriage Act, 1954 was dismissed. zyxw 3. An additional affidavit sworn on 30.01.2020 has been filed on behalf of the appellant/husband, which is available on record. In the affidavit, it has been stated that the dispute between the parties has been settled outside Court in terms of a Deed of Agreement dated 09.01.2020. Along with the affidavit, the Deed of Agreement has been appended. 4. Learned counsel for the appellant/husband has stated that a sum of '' 7,00,000/- has already been given to the respondent/wife as permanent alimony in lieu of all her rights arising out of the matrimony. wxyz The said fact has been admitted by learned counsel for the respondent/wife. zyxw 5. The affidavit further states that the appellant/husband has paid pending maintenance amount in the sum of '' 18,000/- on 19.01.2020 in connection with F.C. (Criminal) Case No.299/2017. wxyz The said fact has also been admitted by learned counsel for the respondent/wife. zyxw 6. In the affidavit, it has been prayed that since the dispute has been settled in terms of the agreement, which has been acted upon, decree of divorce dissolving the marriage performed on 26.05.2013 be passed. 7. Learned counsel for the respondent/wife states that he would have no objection to passing of a judgment & decree dissolving the marriage contracted between the parties. 8. Before we proceed further, we would like to extract the terms of agreement incorporated in Deed of Agreement dated 09.01.2020. The relevant terms read as under:- wxyz "This agreement for mutual divorce deed in India is executed on this day 9 th month of Jan. in the year 2020 at Guwahati. zyxw wxyz -BETWEEN- zyxw wxyz Mr. Sarat Chandra Nath, Son of late ultam Ch. The relevant terms read as under:- wxyz "This agreement for mutual divorce deed in India is executed on this day 9 th month of Jan. in the year 2020 at Guwahati. zyxw wxyz -BETWEEN- zyxw wxyz Mr. Sarat Chandra Nath, Son of late ultam Ch. Nathi, aged about 47 years, by religion Hindu resident of Santipur Main Branch Road, Back Side of Pragjyotish College, under PS-Bharalumukh, Guwahati, District- Kamrup (M), Assam (from now on called the first party of First Part). zyxw wxyz -AND- zyxw wxyz Mrs. Bharati Devi, Daughter of late Bijoy Ch. Nath, aged about 43 years by religion Hindu resident of House No.30, Rangpatahar, Ambari Tiniali, under PS- Fatashil Ambari, Guwahati-781025, District-Kamrup(M), Assam (from now on called the second party Second Part). zyxw wxyz WHEREAS both the parties were married on 26 th May, 2013 at Guwahati. zyxw wxyz The parties after that cohabited at the Shantipur Main Branch Road Guwahati following places as husband and wife: zyxw wxyz There is no child born to the couple under this marriage. And Whereas after the marriage owing to the temperamental difference, different of habits, taste thoughts and increasing incompatibility, the relationship between the parties deteriorated finally to avoid further deteriorated in the relationship the parties had started living separately since zyxw wxyz AND WHEREAS as efforts and attempts were made by the friends and relatives for reconciliation and resumption of the marital relationship, but it could not be successful due to the ideological differences in temperament which has rendered normal married life impractical and impossible. The marriage has broken down irretrievably. zyxw wxyz AND WHEREAS the parties have now mutually agreed to have this marriage dissolved by decree of Divorce by mutual consent on the following terms and conditions. zyxw wxyz a) It is agreed between the parties that the Second Party has amicably settled all their disputes towards Stridhan dowry Articles permanent alimony and maintenance etc. and she is not claiming anymore amount against the same as she has already collected all her belongings and there is no claim in any manner now. The Domestic Violence Appeal preferred by Bharati Devi by appeal No.CA 304/16 at Addl. and she is not claiming anymore amount against the same as she has already collected all her belongings and there is no claim in any manner now. The Domestic Violence Appeal preferred by Bharati Devi by appeal No.CA 304/16 at Addl. District Judge-3 shall be withdrawn by filing a joint petition both the parties in GR case along with a petition wall be filed by her in GR Case No.12644/14(498A) at T.I. Hazarika, Judicial Magistrate 1 Cass informing the Hon''ble Court about the settlement and also withdraw the maintenance case being numbered as case No. FC (CRL) 299/17 at Principal Judge No.2 the second party shall withdraw the said case only after arrear interim allowance being paid to the second party as mentioned in para (e) of this mutual agreement. zyxw wxyz b) It is agreed between the parties that both the parties shall make this agreement part of the record of Matrimonial Appeal 28/2019 preferred by the 1 Party informing the Hon''ble High Court that the matter has been settled outside the court and as such a decree of Divorce may be granted. zyxw wxyz c) That both the parties hereby agreed that this Compromise/Settlement Deed is irrevocable and unquestionable and undertake that the Compromise/ Settlement Deed would inter alia be legal, valid, binding and enforceable and executable in all manners and none of the parties shall be at liberty to take the advantage of any technical language or lacuna if any, if the same are not explain herein above. It is further agreed between the parties that none of the parties and their family members shall be at liberty to institute any suit/criminal proceeding against either of the parties in any court of law in matters explained in this agreement/settlement or otherwise. zyxw wxyz d) It is agreed between the parties that an amount of RS.7,00,000/- (Rupees Seven Lakhs) paid vide Banker Cheque No.584470 Dated 04/01/2020 as a full and final amount will be paid by the 1 st party on 09/01/2020 after necessary steps being taken for withdrawal of the cases mentioned in the para (A) & (B) and also agreed to issue a money receipt by the 2 nd party as token of receipt of the said amount. zyxw wxyz e) It is agreed that arrear due of maintenance of Rs.18,000.00 (Rupees Eighteen Thousand) only by Cash on 09/01/2020 will be paid at the time of execution of the Mutual settlement deed and it is agreed that a money receipt of the said amount will be issue by 2 nd party as token of receipt of said amount. zyxw wxyz AND WHEREAS this Mutual Divorce Agreement has been executed between parties with their mutual consent and free will without any pressure, force, coercion or undue influence from any side. In witnesses of which, both the parties have signed the present Mutual Divorce Agreement in the presence of following witnesses:" zyxw 9. As noticed above, in terms of above extracted terms of agreement, the appellant/ husband has already complied with the main conditions incorporated in the Deed of Agreement. 10. We have also considered the facts and circumstances of the case. 11. On perusal of the documents placed before us, including the impugned judgment, it becomes evident that the appellant/husband pleaded that the parties were married on 26.05.2013 as per Hindu rights and rituals. Just after 2/3 months of marriage, disputes arose on account of which there were quarrels. There is an allegation that the wife abused the mother-in-law and was not performing her matrimonial duties towards the husband and his family members. wxyz There is also an allegation of demand of dowry. Be that as it may, issues were framed, particularly in regard as to whether respondent/wife treated the appellant/husband with cruelty? zyxw wxyz The appellant/husband brought evidence to the effect that on 02.05.2014, i.e. just after about 1(one) year of the marriage, the wife became very violent and hit her forehead against the concrete wall but fortunately was not seriously hurt. On petty issues, family members of the husband were threatened with dire consequences, if they did not abide by her orders. They were also threatened with jail. During ailment of the mother of the husband or while she was admitted in the hospital, the wife did not take care and did not visit the hospital even once. It has been alleged by the husband that the wife left the house on 24.09.2014 all of a sudden. Attempts to bring her back proved futile. On 10.10.2014, the respondent/wife filed a written complaint against him. Such like other accusations were also made by the husband. It has been alleged by the husband that the wife left the house on 24.09.2014 all of a sudden. Attempts to bring her back proved futile. On 10.10.2014, the respondent/wife filed a written complaint against him. Such like other accusations were also made by the husband. zyxw wxyz It is further evident that All Women Police Station Case No.129/2014 under Section 498A IPC was registered. The husband was picked up on the pretext of joining investigation on 05.12.2014 and thereafter released on anticipatory bail, which ultimately was made absolute. The criminal case is still pending trial. zyxw 12. Considering the totality of facts and circumstances of the case and also the fact that there is no child from the wedlock, it has become evident that the marriage between the parties has broken irrevocably. The parties have been living separately since the year 2014, i.e. for the last about 6(six) years. Continuance of such marriage will prolong the agony of both the sides, other than the fact that they shall not be able to settle down in their respective lives. It appears that in such circumstances, Deed of Agreement has been signed and disputes have been settled to convey to the Court that the parties did not want to live together and the marriage be dissolved by way of issuing a decree of divorce. 13. Having gone through the entire evidence and considering the circumventing circumstances, we are of the considered view that the marriage between the parties has broken and, therefore, no purpose would be served by continuance of such relationship on paper. In any case, the parties are going to live separately, whether divorce is granted or not. 14. Considering the facts and circumstances of the case, we hereby allow the appeal. The impugned judgment & decree dated 29.05.2019 is set aside. The marriage between the parties is dissolved vide a decree of divorce. The parties shall remain subject to the conditions incorporated in the Deed of Agreement dated 09.01.2020, terms of which have been incorporated hereinabove. 15. Decree be drawn accordingly.