Page No.# 1/5 GAHC010017392025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Mat.App./9/2025 XXXXXX D/O DILIP BORAH, R/O- BAMPROBOTIA, BHUPEN DEKA PATH, P.O- TEZPUR, P.S.- LALMATI O.P. DIST- SONITPUR, ASSAM, PIN-784001 VERSUS XXXXXX S/O- SAURAV DAS, R/O- MEDHIKUCHI, SONAPUR, P.O.AND P.S.- SONAPUR, DIST.- KAMRUP METRO, ASSAM, PIN-784001 Advocate for the Petitioner : MR S DUTTA, MS J BORAH Advocate for the Respondent : MS T GHOSH, MS R R MUZIB BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 10.09.2025 (M. Zothankhuma, J) 1. Heard Mr. A.K. Ghosh, learned counsel appearing on behalf of Mr. S. Dutta, learned counsel for the appellant wife and Ms. R.R. Muzib, learned counsel for the respondent husband. 2. The learned counsels for the parties submit that a settlement has been Page No.# 2/5 arrived at between the parties and they have executed a Deed of Mutual Agreement dated 20.08.2025. 3. A copy of the Deed of Mutual Agreement dated 20.08.2025 has been submitted to this Court today and the contents of the same are as follows : “Deed of Mutual Agreement THIS DEED OF MUTUAL AGREEMENT is made on this day of 20th August 2025, at Tezpur. - BETWEEN - BISHNU DAS, S/o- Saurav Das, aged about: 35. years, resident of House No.-Medhikuchi, Sonapur, P.O & P.S. : Sonapur, District-Kamrup(M), Assam, Pin-782401 hereinafter called the First Party/Husband DIPANDITA BORAH, Daughter of Dilip Borah, aged about 26 years resident of - Bamparbatia, Bhupen Deka Path, P.O. Tezpur, P.S- Lalmati O.P., Dist- Sonitpur, Assam-784001 hereinafter called the Second Party/Wife. Whereas, The First Party/Husband and the Second Party/Wife were married as per Hindu Law at Tezpur on 21st April, 2022 but due to strained relationship between the parties, they have been living separately since September 2022. Whereas, due to strained relationship the First Party/ Husband filed a Restitution of Conjugal rights vide case No. F. C. (CIVIL) Case 961/2023 Page No.# 3/5 before Principal Judge- II, Family Court, Kamrup(M), Guwahati and the Second Party/Wife also filed a Divorce Petition before the District and Sessions Judge, Sonitpur, Tezpur, vide case No. T.S (M) No.37/2024 which is pending for adjudication. Whereas the First Party/Husband obtained the decree of Restitution of Conjugal rights vide case No. F. C. (CIVIL) Case 961/2023 before Principal Judge- II, Family Court, Kamrup (M), Guwahati in the meantime, the Second Party/Wife filed a matrimonial appeal vide Mat Appeal No. 9/2025 before the Honourable Gauhati High Court, which is pending for disposal against the restitution order. Whereas, both the parties decided to settle the disputes (cases) mutually as the parties have decided to get separated amicably. Whereas, both the First Party/Husband and the Second Party/Wife now have decided to mutually agreed by executing this Deed of Mutual Agreement which shall be binding on both of them under the terms and conditions hereunder. Whereas both the parties by the execution of this agreement shall immediately file the divorce petition on mutual consent before the court of District and Sessions Judge, Sonitpur, Tezpur. NOW THE AGREEMENT WITNESSETH AS FOLLOWS: 1. That both the parties have agreed to withdraw the cases against each other. The First Party/Husband shall not file any petition before the family court for execution of the Restitution rights against the Second Party/Wife. Page No.# 4/5 2. That the Second Party/Wife shall not label any allegations, whatsoever against the First Party/Husband further if any case is pending against the First Party/Husband in any other court of law, the same shall be withdrawn by the Second Party/Wife. 3. That both the parties have agreed to file a joint petition for Mutual Divorce before the Hon'ble District and Sessions Judge Court, Sonitpur, Tezpur. 4. That by this Deed of Mutual Agreement both the parties are committed towards settling/compromising their disputes. 5. That the First Party/Husband shall not have any claim or disputes regarding any maintenance, permanent alimony, claim for damages, compensation, title or share in any assets- movable and immovable whatsoever are being held by the Second Party/Wife in future, as the claims for these are settled between the parties amicably by this Deed of Mutual Agreement. 6. That the Second Party/Wife shall not also claim any damages, compensation, title or share in any assets- movable and immovable whatsoever being held and owned by the First Party/Husband. 7. That the Second Party/Wife had already returned the jewelleries/streedhan provided by the First Party/Husband at the time of marriage expect two gold rings, which the Second Party/Wife shall return at the time of filing of the mutual divorce petition by both the parties. 8. That no party to this Deed of Mutual Agreement can violate the terms and conditions of this Agreement. In violation of the terms and conditions of the Agreement by any party to this Agreement shall attract the penal provision of cheating and any other penal provisions as per the Page No.# 5/5 laws of the country. 9. That none of the parties to this agreement can file any other case in any forum/court/police station, etc. except relating to fulfilment or non- fulfilment of the terms and conditions of this agreement. 10. That there is no force or undue influence is made by either party upon the other in any way for executing this Deed of Mutual Agreement and both the parties in their sound state of health and mind have accorded their consent freely and put their signatures in this declaration. IN WITNESSES WHEREOF, the parties have hereunto set and subscribed their respective signatures with sound health and mind on the day, month and year first above written. ...................” 4. The appeal is accordingly disposed of in terms of the Deed of Mutual Agreement dated 20.08.2025. 5. Consequently, the impugned judgment dated 22.011.2024 and Decree dated 25.11.2024 passed by the learned Principal Judge, Family Court-II, Kamrup(M), Guwahati in F.C(Civil) Case No.961/2023 are hereby set aside. JUDGE JUDGE Comparing Assistant