Page No.# 1/7 GAHC010123952021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3901/2021 SACHINDRA DEY SERGENT, S/O SRI SATYENDRA DEY RESIDENT OF WARD NO. 4, NEAR POST OFFICE,PS DHEKIAJULI, DIST SONITPUR, ASSAM, 784110 VERSUS THE UNION OF INDIA AND 3 ORS REPRESENTED BY THE DEFENCE SECRETARY TO THE GOVT. OF INDIA, SOUTH BLOCK, NEW DELHI 110011 2:AIR CHIEF MARSHAL CHIEF OF AIR STAFF AIR HEADQUARTERS (VAYU BHAWAN) MOTILAL NEHRU MARG NEW DELHI 110106 3:AIR OFFICER COMMANDING AIR FORCE STATION OJHAR NASIK MAHARASTRA 422221 4:SMTI MUNMUN BANIK KHARUPETIA SARADA NAGAR WARD NO. 8 PS KHARUPETIA DIST DARRANG ASSAM 78411 Advocate for the Petitioner : MR. P K SARMA, MS R SAHIN,MS. B BHUYAN,MR. R DE Advocate for the Respondent : ASSTT.S.G.I., MR. K SARMA (R-4),MR. B J TALUKDAR (R- 4),MR. S K MEDHI Page No.# 2/7 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 30.04.2025 Heard Mr. R. De, learned counsel appearing for the petitioner. Also heard Mr. S.K. Medhi, learned counsel appearing for the respondents no. 1, 2 & 3 and Mr. K. Sarma, learned counsel appearing for the respondent no. 4. 2. Pursuant to the settlement/agreement between the parties before the Mediator an agreement/deed of settlement was entered into by and between the parties on 11.03.2025 at Guwahati, by the said deed of settlement, both parties have agreed to dissolve the marriage by a decree of divorce by mutual consent. For this purpose, the parties shall approach the appropriate forum having jurisdiction in the District of Sonitpur. Thereafter, filed joint petition of the divorce by mutual consent. The agreement also laid down on the criteria and conditions necessary for settlement between the parties. The agreement also list all the other conditions which have been agreed to by and between the parties. Extract the deed of settlement/agreement: DEED OF SETTLEMENT / AGREEMENT THIS DEED OF SETTLEMENT / AGREEMENT entered into on this 11th day of March, 2025 at Guwahati, Assam. - BETWEEN- Page No.# 3/7 SRI SACHINDRA DEY, son of Late Satyendra Dey, aged about 39 years, permanent resident of Ward No. 4 r Near Post Office, Dhekiajull, P.O. Dhekiajuli, P.S. Dhekiajuli in the district of Sonitpur, Assam, Pin-784110, herein after referred to as the "FIRST PARTY". -AND - SMT. MUNMUN BANIK, daughter of Sri Bharat Banik, aged about 30 years, resident of Kharupetia, Sarada Nagar, Ward No. 8 r P.O. Kharupetia, P.S. Kharupetia, in the district of Darrang, Assam, Pin -784115 hereinafter referred to as the "SECOND PARTY". WHEREAS the "FIRST PARTY" and "SECOND PARTY" got married on 18.02.2018 as per Hindu rites and rituals and at Kharupetia in the district of Darrang, Assam no issue out of their wedlock till today; AND WHEREAS disputes and differences have arisen between the parties and consequently some legal proceedings have been instituted by the parties including a Writ Petition being No. W.P.(C) No. 3901/2021 pending before the Gauhati High Court; AND WHEREAS by the Order of the Hon'ble Court dated 16.12.2024 passed in W, P, (C) No. 3901 / 2021 the matter was referred to the mediation and appointed the mediator for Mediation; AND WHEREAS a mediation case vide Mediation Case No. 32/2024 has been registered by the Gauhati High Court Mediation Centre; AND WHEREAS both the parties come to an agreement for settling all the conflicts, disputes arising between them which resulted in institution of the aforesaid proceeding including the Writ Petition; AND WHEREAS in order to eliminate any future conflict or misunderstanding, it is mutually agreed to by and between the parties that the terms and conditions of the agreement shall be reduced in writing and in pursuant to such understanding, NOW THE PARTIES AGREED AS FOLLOWS: (1) That both the Parties have mutually agreed that the settlement arrived at between them is full and final and there shall remain no dispute, difference, litigation, claim or counter clalm(s) whatsoever, whether tangible or intangible of any nature between the Parties and the parties shall take necessary steps Page No.# 4/7 and actions to implement the settlement arrived at between them in its true, sincere earnest & letter and spirit. (2) The First Party has agreed to return all the gold and silver ornaments forming part of "Stridhan" and other articles lying with him more specifically mentioned in "Annexure A" appended to this agreement. The Second Party has also agreed to return the items more specifically mentioned in "Annexure -B" (Dependent ID Card) to the First Party in terms of the present Agreement. Both the party will be free to collect the said items agreed to be return from the address provided by the Parties to each other or mutually agreed upon on 10thApril, 2025 from Tezpur court premises upon withdrawal of the complaint case. (3) That the parties have agreed to dissolve their marriage by a decree of divorce by mutual consent. Accordingly the parties to this Agreement shall approach the Court of the Additional District and Sessions Judge, FTC, Sonitpur at Tezpur wherein the T.S. (Matrimonial) Suit being No. 119/2020 which is pending and file a joint petition for divorce by mutual consent under the provisions of Hindu Marriage Act on the next date fixed on 10th April, 2025 and both the parties shall be present to make their respective statements before the said court at the time of listing of the said petition. An application for waiver of statutory period of 6 months may be filed jointly by the parties. (4) It is agreed between the parties that the First Party shall pay to the Second Party a total sum of Rs.9,86,200/- (Rupees Nine Lakhs Eighty Six Thousand and Two hundred) only towards her all legal entitlements on perusal of divorce order which shall be passed by the learned court on 10th April, 2025, arising out of the marriage with husband which shall include permanent alimony, maintenance and all other miscellaneous and legal expenses. The amount as agreed will be paid by the First Party by way of Demand Draft in favour of the Second Party and the said demand draft shall be handed over in the Court on the date of hearing of the said divorce case i.e. on 10th April, 2025. (5) It is agreed between both the parties that the compliant case being C.R. Case No. 63/2022 will be withdrawn by the Second Party, which is pending before the learned Judicial Magistrate First Class, Sonitpur, Tezpur and fixed on 1st April, 2025 for cross-examination, the First Party before the withdrawal of the said case shall produce the all gold ornaments mentioned in Schedule-A for physical verification of the Second Party but will hand over the ornaments to the Second party on 10th April, 2025. The Second Party shall withdraw the said C.R. case on being satisfied about the conditions of the ornaments as mentioned in Schedule-A. Page No.# 5/7 (6) Upon receipt of the articles/payment mentioned in clauses 4 and 5 above, the parties state that they have settled all their disputes fully and finally including Second Party's claim of stridhan, maintenance, alimony (past, present and future). (7) It is agreed between the parties that they withdraw all their allegations made against each other and agree and undertake not to make any allegation against each other in social media or any of the social platform in future also. The parties further undertake not to interfere in each other's life. (8) In view of the settlement made by the Parties, they will approach the Hon'ble Court and submit a joint prayer for closing the Crl. Pet. No. 190/2022 pending before the Hon'ble Gauhati High Court as well as PRC No. 841/2021 pending before the Ld. Chief Judicial Magistrate, Sonitpur, Tezpur. (9) The parties shall not interfere in each other's lives and they undertake not to display any pictures of them together or separate at any place/site including social websites such as Instagram/ Facebook/ Myspace/ Twitter/ Whatsapp etc. or any other social platform in any manner and under any circumstances whatsoever. (10) The parties undertake that neither of them, nor their parents/family members/relatives/authorized representatives/attorneys shall ever file any complaint/ claim/petition/ suit against each other or each other's parents/ family members or relatives regarding any dispute related to the matrimonial relationship between the parties. (11) That the parties have mutually & amicably settled their matrimonial disputes with each other and have agreed not to Initiate any proceedings in any court of law or before any authority in respect of the matrimonial dispute or against the family members of the respective parties, in future and any other pending cases if any, will be withdrawn in terms of the present petition by the either parties in sincere earnest and spirit of the terms and conditions mentioned in the present Agreement. (12) That both the Parties have mutually agreed that the settlement arrived at between them is full and final and there shall remain no dispute, difference, litigation, claim or counter claim(s) whatsoever, whether tangible or intangible of any nature between the Parties and the parties shall take necessary steps and actions to implement the settlement arrived at between them in its true, sincere earnest & letter and spirit. Further, financial maintenance, if any received by the Second Party from the Airforce authority after passing of the final order and realization of demand draft in favour of the Second party shall be refunded by the Second Party to the First party. Page No.# 6/7 (13) After dissolution of the marriage, neither the First Party nor the Second Party shall interfere in the personal matters of the other party including marrlage, property etc. and they shall not make any defamatory statement against each other in future and all defamatory statements made before shall stand unequivocally withdrawn. (14) The Parties undertake and agree to appear before the learned Additional District Judge, FTC, Sonitpur, Tezpur on the date fixed to make their statement in terms of the present Agreement and subsequently also in the Petition to be filed under Section 28 of the Special Marriage Act, 1954. (15) It is agreed that upon the marriage being dissolved by way of a decree of divorce as aforesaid, neither shall litigate with each other or their family members on any matter relating to arising out of the marriage between them. (16) The First Party and Second Party have entered Into the present Agreement voluntarily and of their own free will, after understanding the contents of the same. (17) By signing this Agreement the parties hereto state that they have no further claims or demands against each other and all the disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation. (18) That the Parties shall remain bound and undertake to abide by the terms and conditions set out in the present Agreement and not to dispute the same hereinafter in future. (19) That all the terms and conditions are binding on the parties and in the event any party turn around those terms and conditions or declined to honour the agreement, other party has every right to execute it through proper forum and for revival of the litigation. (20) The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions hereof. Now we both the parties, in our sound mind and health and having fully understood the contents made herein, have put our signature on this 11th day, March, 2025. FIRST PARTY SECOND PARTY Page No.# 7/7 3. The learned counsel for the petitioner therefore submits that since the matter has been settled and agreement has been executed and all steps pursuant to the agreement has been taken by both the parties, no further grievance is alive in the present writ proceedings. The learned counsel for the petitioner therefore seeks to withdraw the same. 4. Accordingly, the writ petition stands dismissed on withdrawal, interim orders if any stands vacated. 5. Copy of the settlement/agreement entered by and between the parties which placed before the Court is also kept on the case records. JUDGE Comparing Assistant