PRABIN SAIKIA Vs. SULAKHYANA SAIKIA BHARALI
HIGH COURT OF GAUHATI
Sulakhyana Saikia Bharali
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Ajit Singh, C.J. -
(1.) The appellant and respondent are husband and wife. Husband's petition for divorce has been decreed against the wife. The trial court has, however, directed the husband to pay permanent alimony of Rs.4 lakhs to wife. It is against this direction, the husband has filed the present appeal.
(2.) On the appearance of husband and wife before us, we referred the matter to Mr.RK Bhatra, who is an able mediator, for amicable settlement of their dispute, once for all. It is heartening to learn that mediator has persuaded both husband and wife to settle their dispute on the following terms:-
1. That the FIRST PARTY shall pay an amount of Rs. 5,00,000/- (Rupees Five Lakhs) only as permanent alimony to the SECOND PARTY and out of which an amount of Rs. 1,05,000/- (Rupees One Lakh Five Thousand) has already been paid by the FIRST PARTY to the SECOND PARTY and the remaining permanent alimony amount of Rs. 3,95,000/- (Rupees Three Lakhs Ninety Five Thousand) only shall be paid by the FIRST PARTY to the SECOND PARTY within 3(three) months from the date of execution of this agreement as full and final settlement of all dispute between the parties.
2. That the SECOND PARTY will not be entitled for any monthly maintenance amount but the adopted son of both the parties will be entitled to receive Rs. 1,500/- as monthly maintenance till he attains majority and the FIRST PARTY shall pay the said monthly maintenance amount to the adopted son regularly in the bank Account No. of the SECOND PARTY bearing Account No. 36744113456, SBI, Lilabari, Lakhimpur on 10th day of every subsequent month.
3. That the child will remain in custody of the SECOND PARTY till he attains majority.
4. That the FIRST PARTY shall pay the arrear monthly maintenance amount of Rs. 1,88,000/- (Rupees One Lakh Eighty Eight Thousand) only to the SECOND PARTY within next 3(three) months after completion of payment of remaining permanent alimony.
5. That any application filed by the SECOND PARTY before any court of law for enhancement or execution of the monthly maintenance amount, will be withdrawn by the SECOND PARTY within one month from the day of execution of this MEMORANDUM OF UNDERSTANDING.
6. That this MEMORANDUM OF UNDERSTANDING shall be executed in duplicate and the original shall be retained by the FIRST PARTY and duplicate by the SECOND PARTY.
7. That both the parties are bound by the terms and conditions of this MEMORANDUM OF UNDERSTANDING and either of the parties have agreed that is shall be open for them to initiate legal recourse in case of violation of any terms and conditions of this MEMORANDUM OF UNDERSTANDING.
8. That on execution of this MEMORANDUM OF UNDERSTANDING, all disputes pertaining to the subject matter of Matrimonial Appeal No. 19/2016 shall remain settled through Mediation. Either party will be debarred from raising any question to this settlement.
9. That the parties shall abide by the terms of this MEMORANDUM OF UNDERSTANDING religiously. In the event of failure to pay any of the instalment agreed amount by the FIRST PARTY will enable the SECOND PARTY to get the Matrimonial Appeal No. 19/2016 reopened and the matter will then be treated to commence again from the stage it was closed.
(3.) The report of the mediator is directed to be taken on record.;
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