The main legal point established is that under the Hindu Marriage Act and Special Marriage Act, a marriage may be dissolved if it has irretrievably broken down, and the parties have been living separately for a significant period.

JUDGMENT

Ajai Lamba, C.J. - Heard Ms. N. Choudhury, learned counsel for the appellant/husband and Mr. J. Abbas, learned counsel appearing for the respondent/wife.

2. Shri Sarat Chandra Nath, the husband has preferred this appeal against judgment & decree dated 29.05.2019 rendered in F.C. (Civil) Case No.92/2015 (Shri Sarat Chandra Nath -Vs- Smti. Bharati Devi).

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Vide the impugned judgment & decree, the petition for divorce filed under Section 13(1)(ia) of the Hindu Marriage Act, 1955 read with Section 27(d) of the Special Marriage Act, 1954 was dismissed.

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3. An additional affidavit sworn on 30.01.2020 has been filed on behalf of the appellant/husband, which is available on record. In the affidavit, it has been stated that the dispute between the parties has been settled outside Court in terms of a Deed of Agreement dated 09.01.2020. Along with the affidavit, the Deed of Agreement has been appended.

4. Learned counsel for the appellant/husband has stated that a sum of '' 7,00,000/- has already been given to the respondent/wife as permanent alimony in lieu of all her rights arising out of the matrimony.

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The said fact has been admitted by learned counsel for the respondent/wife.

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5. The affidavit further states that the appellant/husband has paid pending maintenance amount in the sum of '' 18,000/- on 19.01.2020 in connection with F.C. (Criminal) Case No.299/2017.

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The said fact has also been admitted by learned counsel for the respondent/wife.

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6. In the affidavit, it has been prayed that since the dispute has been settled in terms of the agreement, which has been acted upon, decree of divorce dissolving the marriage performed on 26.05.2013 be passed.

7. Learned counsel for the respondent/wife states that he would have no objection to passing of a judgment & decree dissolving the marriage contracted between the parties.

8. Before we proceed further, we would like to extract the terms of agreement incorporated in Deed of Agreement dated 09.01.2020. The relevant terms read as under:-

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"This agreement for mutual divorce deed in India is executed on this day 9 th month of Jan. in the year 2020 at Guwahati.

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-BETWEEN-

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Mr. Sarat Chandra Nath, Son of late ultam Ch. Nathi, aged about 47 years, by religion Hindu resident of Santipur Main Branch Road, Back Side of Pragjyotish College, under PS-Bharalumukh, Guwahati, District- Kamrup (M), Assam (from now on called the first party of First Part).

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-AND-

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Mrs. Bharati Devi, Daughter of late Bijoy Ch. Nath, aged about 43 years by religion Hindu resident of House No.30, Rangpatahar, Ambari Tiniali, under PS- Fatashil Ambari, Guwahati-781025, District-Kamrup(M), Assam (from now on called the second party Second Part).

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WHEREAS both the parties were married on 26 th May, 2013 at Guwahati.

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The parties after that cohabited at the Shantipur Main Branch Road Guwahati following places as husband and wife:

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There is no child born to the couple under this marriage. And Whereas after the marriage owing to the temperamental difference, different of habits, taste thoughts and increasing incompatibility, the relationship between the parties deteriorated finally to avoid further deteriorated in the relationship the parties had started living separately since

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AND WHEREAS as efforts and attempts were made by the friends and relatives for reconciliation and resumption of the marital relationship, but it could not be successful due to the ideological differences in temperament which has rendered normal married life impractical and impossible. The marriage has broken down irretrievably.

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AND WHEREAS the parties have now mutually agreed to have this marriage dissolved by decree of Divorce by mutual consent on the following terms and conditions.

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a) It is agreed between the parties that the Second Party has amicably settled all their disputes towards Stridhan dowry Articles permanent alimony and maintenance etc. and she