Allowed

Aparna Goswami @ Chakroborty v. Kiranmoy Chakroborty

Gauhati HC3 Apr 2018Mat.App./14/2015

Case brief

AI extract

What is this about?

The appellant wife, who was married to the respondent husband for 25 years with whom she had been living separately, filed an appeal against a divorce decree. During the appeal's pendency, the parties reached an amicable settlement wherein the respondent agreed to pay Rs.1,00,000/- to the appellant. Considering the respondent's health and the settlement, the court disposed of the appeal accepting

What did the court decide?

The appeal was disposed of by directing the Respondent to pay Rs.1,00,000/- to the Appellant within one month by Demand Draft as per the settlement.

Aparna Goswami @ Chakroborty Vs Kiranmoy Chakroborty — Matrimonial and Divorce | Gauhati HC (2018)

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GAHC010016762015

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Mat.App. 14/2015

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1:APARNA GOSWAMI @ CHAKROBORTY

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W/O SRI KIRONMOY CHAKROBORTY, D/O LATE KSHIRODE GOSWAMI, R/O MALUGRAM, SHIV BARI, SUB POST OFFICE, SILCHAR TOWN, P.O. and P.S. SILCHAR, DIST. CACHAR, ASSAM, PIN 788002

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VERSUS

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1:KIRANMOY CHAKROBORTY

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S/O SRI KARUNAMOY CHAKRABORTY, R/O AZAD HIND ROAD, SILCHAR, DIST. CACHAR, ASSAM, PIN 788007

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Advocate for the Petitioner : MR.B PURKAYASTHA

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Advocate for the Respondent : MR.R SARMA

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BEFORE

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HON’BLE THE CHIEF JUSTICE MR. AJIT SINGH HON’BLE MR. JUSTICE MANOJIT BHUYAN

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3.4.2018

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(Ajit Singh, C.J.)

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Mr.AK Dutta, learned counsel for the appellant.

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Mr.R Sarma, learned counsel for the respondent.

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The appellant-wife was married to respondent-husband. But they have been living separately since more than 25 years. Therefore, husband’s petition for divorce has been

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decreed by the trial court. Aggrieved, the wife has filed the present appeal.

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During the pendency of appeal, both wife and husband have settled their dispute for all times to come. They have also filed a joint application in this regard. The terms of settlement enumerated in the application read as under:-

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“2. That this instant MAT Appeal is filed by the appellant under Section 28 of the Hindu Marriage Act against the judgment and decree dated 17.02.2014 passed by the learned Principal Judge, Family Court, Cachar at Silchar in FC (Civil) No.168 of 2012 preferred by the Respondent hereof.

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That during the pendency of the above appeal before this Court, the respondent expressed his mind to settle the matter amicably with the appellant.

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That the Respondent has proposed to pay an amount of Rs.1,00,000/- (Rupees one lakh) only to the appellant within a period of one month from the date of final disposal of this appeal.

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That the said proposal of the Respondent has been communicated to the appellant by the Defendant No.1 over telephone and she has given her telephonic consent to the said proposal.

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That it is further agreed that on receipt of the said amount all the disputes between the parties would come to an end forever.

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That the in the above terms and conditions the instant appeal may be disposed of by directing the Respondent to pay an amount of Rs.1,00,000/- (One lakh only) to the appellant within one month by Demand Draft in favour of Appellant.

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The respondent is admittedly suffering from cancer and remains confined to bed. We, therefore, having regard to the amicable settlement between wife and husband, finally dispose of the appeal in the above quoted terms of settlement. A decree be prepared accordingly.

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Sd/Sd/CHIEF JUSTICE

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JUDGE

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Comparing Assistant

Aparna Goswami @ Chakroborty v. Kiranmoy Chakroborty

Case brief

What is this about?

What did the court decide?

Aparna Goswami @ Chakroborty v. Kiranmoy Chakroborty

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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