RAJU SARKAR Vs. SABITA SARKAR

JUDGEMENT

(1.) Heard Mr. B.K. Singh, the learned counsel for the petitioner. No one has entered appearance on call for the respondent despite notice of this application has been duly served on the respondent as per office note dated 08.08.2017 as well as per the order dated 14.08.2017 passed in the Proceedings of Lawazima Court.

(2.) This is an application under Article 227 of the Constitution of India, challenging the two orders dated 03.10.2015 passed by the learned District Judge, Sonitpur, Tezpur in Misc. (J) Case No.20/2014 and Misc. (J) Case No. 21/2014 arising out of T.S. (D) No. 36/2010.

(3.) The parties to this application were married on 03.12.1998 as per Hindu custom and have a daughter out of the wedlock. The petitioner and the respondent entered into a Deed of Agreement dated 18.05.2010. As per clause 1 thereof, the parties agreed for a mutual divorce. As per clause 3 thereof, the respondent took over the custody of their girl child for her future education, amenities and requirement from the date of the Agreement. The petitioner was to undertake the responsibility of the marriage of their daughter. As per clause 4, the petitioner had agreed to pay a sum of Rs.5,00,000/- (Rupees Five lakh only) by mutual consent and undertaking by the respondent for dissolution of their marriage by mutual divorce and for taking custody of their girl child and giving facilities of education along with all amenities of her life. It was also agreed that the petitioner is free regarding any responsibility/ liability to the respondent and their girl child. As per clause 5, the petitioner paid Rs.50,000/- and the balance was undertaken to be paid immediately after completion of hearing of divorce suit.