Decided on March 05,2018

Biju Kumar Borah Appellant
Minakshi Das Borah Respondents


Ajit Singh, C.J. - (1.) This appeal under Section 19 of the Family Courts Act, 1984, has been filed by husband-Biju Kumar Bora-challenging the legality and validity of the impugned order dated 02.07.2014 passed by the Principal Judge, Family Court, No-2, Guwahati, Kamrup, whereby she has allowed wife's - Minakshi Das Borah - Misc(J) Case No. 61/2011 and set aside the exparte decree of divorce against her.
(2.) Appellant and respondent got married on 15.12.2003 and out of their wedlock, a boy child was born. They used to live in the house of appellant where his aunts also used to reside. According to appellant, the relationship of respondent with him after about three months of their marriage became sour and she used to treat him as well as his aunts with cruelty. The situation became so irresistible for him that, finding no other alternative, he filed F.C.(Civil) Case No. 320/2007 on 29.08.2007, for dissolution of his marriage with respondent. Respondent also made appearance in the suit on 01.10.2007, but did not file her written statement.
(3.) Dramatically, during pendency of the proceeding, parties entered into a written agreement on 04.10.2007 which was duly registered wherein amongst other terms, respondent agreed not to treat appellant and his two aunts with cruelty and not to quarrel with them in future in any eventuality. Since, the parties already amicably settled to live a peaceful life by leaving aside their differences, appellant abandoned the divorce proceeding midway by not taking steps. However, the proceedings somehow did not die down and remained pending. But, the respondent allegedly did not honour the conditions of the agreement binding her and continued with her earlier attitude and cruel behaviour towards appellant and his aunts and hence, he again pursued the divorce proceedings and took steps. Notice to respondent was issued, but could not be served on 19.09.2008 and 20.09.2008 as she was shown to be absent in the address and as per the endorsement made in the envelope, she refused to accept the notice when it was again attempted to be served on her on 22.09.2008. Hence, the divorce proceedings proceeded ex-parte and ultimately, the Family Court decreed the suit as aforesaid vide judgment and decree dated 03.06.2009 and 18.01.2010, by dissolving their marriage.;

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