AMAL KUMAR SAIKIA Vs. MARAMI MALAKAR SAIKIA
HIGH COURT OF GAUHATI
Amal Kumar Saikia
Marami Malakar Saikia
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Ajit Singh, C.J. -
(1.) The appellant has filed FC (Civil) Case No.54/2014 for divorce against respondent wife in the court of Principal Judge, Family Court, District Kamrup. After receiving the summons of the case, wife has filed Misc. (J) Case No.179/2016 under Section 24 of the Hindu Marriage Act for grant of pendente lite maintenance and cost of litigation.
The learned Judge, after appreciating pleadings on the issue, by the impugned order dated 26.3.2017, has directed the husband to pay Rs.4500/- per month as pendent lite maintenance to the wife and also Rs.20,000/- as cost of litigation. Aggrieved, the husband has filed the present appeal.
During the course of hearing, having regard to the matrimonial dispute between the husband and wife, we referred the matter for mediation to Shri Rajesh Kumar Bhatra, who is an able mediator. It is heartening to learn that mediator has persuaded both husband and wife to settle their dispute on the following terms:-
Terms of Settlement
1. Both the parties have agreed to resolve their disputes through mediation on the following terms and conditions:-
(a) The appellant husband agrees to pay a lump sum amount of Rs.10,00,000/- (Rupees Ten Lakhs) only which shall be inclusive of all arrears, maintenance, cost of litigation or any other amount as awarded by the respective courts in cases/litigation between the parties, which includes CR No.207/2013 pending with Judicial Magistrate, 1st Class, Hajo and Misc (J) Case No.179/2016 in FC (Civil) Case No.54/2014.
(b) The above amount of Rs.10,00,000/- (Rupees Ten Lacs.) will be paid within a period of 1 year (one year) from the date of signing of this agreement.
It is pertinent to mention here that if desired, the appellant may pay the agreed amount between the time of relaxation agreed to.
(c) As soon as the final instalment of the agreed amount is paid to the full satisfaction of the respondent/wife, the learned court of Principal Judge, Family Court, Kamrup (M) at Guwahati shall pass the decree of divorce in FC (Civil) Case No.54/2014.
(d) On full and final payment of the agreed amount of Rs.10,00,000/- the respondent/wife shall withdraw the case filed under provision of Domestic Violence Act being CR Case No.207m/2013 pending before the JMFC, Hajo, Kamrup Rural.
(e) The appellant/husband shall withdraw the case filed under the provisions of Guardianship Act, on payment of full and final payment of the agreed amount. The case being Case No.73/2017 pending before Principal Judge, Family Court, Kamrup (Metro).
(f) If the appellant/husband intends to visit the child, he has the right to do it once in a month on a holiday at his own cost of travelling to Hajo with prior intimation to the respondent/wife. But, the boy will not be permitted to be taken away by the appellant until and unless the respondent/wife gives her consent or accompanies her personally or by sending any of her representatives.
(2.) The above agreed amount of Rs.10,00,000/- (Rupees Ten Lakhs) shall be made into a fixed deposit with the Nationalised Bank which fetches maximum interest and the same will be deposited in the following manner:-
i) Rs.7,50,000/- in the name of Master NISHANT SAIKIA through her mother and natural guardian;
ii) Rs.2,50,000/- in the name of SMT.MARAMI MALAKAR SAIKIA.
Out of the above fixed deposit of Rs.7,50,000/-, the respondent shall be entitled to withdraw the interest accumulated thereon on a monthly basis. As regards the amount of fixed deposit made in her name, the same can be utilised in whatever manner she feels like both for self and for welfare of the child.
(3.) The matter is settled in all aspects as agreed above under due guidance of respective counsels for which endeavour is thankful to each other. The report of mediator enumerating above quoted terms of settlement is directed to be taken on record. The same is also signed by both husband and wife and their respective counsel.
As the husband and wife have amicably settled their dispute through mediation, we finally dispose of the appeal in the above quoted terms of settlement.;
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