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2018 Supreme(Gau) 77

AJIT SINGH, MANOJIT BHUYAN
Biju Kumar Borah S/o Late Ghanakanta Borah – Appellant
Versus
Minakshi Das Borah D/o Late Krishnaram Das – Respondent


Advocates Appeared:
For the Appellant : Mr. Lokman Hussain, learned counsel
For the Respondent: Mr. B Acharyya, Ms. M Acharyya and Mr. Ujjal Deka, learned counsel

JUDGMENT AND ORDER :

AJIT SINGH, J.

This appeal under Section 19 of the Family Courts Act, 1984, has been filed by husband-Biju Kumar Bora-challenging the legality and validity of the impugned order dated 02.07.2014 passed by the Principal Judge, Family Court, No-2, Guwahati, Kamrup, whereby she has allowed wife's-Minakshi Das Borah-Misc(J) Case No. 61/2011 and set aside the exparte decree of divorce against her.

2. Appellant and respondent got married on 15.12.2003 and out of their wedlock, a boy child was born. They used to live in the house of appellant where his aunts also used to reside. According to appellant, the relationship of respondent with him after about three months of their marriage became sour and she used to treat him as well as his aunts with cruelty. The situation became so irresistible for him that, finding no other alternative, he filed F.C(Civil) Case No. 320/2007 on 29.08.2007, for dissolution of his marriage with respondent. Respondent also made appearance in the suit on 01.10.2007, but did not file her written statement.

3. Dramatically, during pendency of the proceeding, parties entered into a written agreement on 04.10.2007 which was duly registered wherein a









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