Mat.App. 3/2011 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY THE HON’BLE MR. JUSTICE CR SARMA Amitava Roy, J 08.06.2011 Heard Mr. N Choudhury, learned counsel for the appellant in Mat. Appl. No. 3/201 1 and opposite party in Crl. Pet. No. 184/2010. Also heard Mr. PJ Saikia, learne d counsel for the respondent in Mat. Appl. No. 3/2011 and the petitioner in Crl. Pet. No. 184/2010. In compliance of the order dated 05.05.2011 passed in the aforementioned proceed ings, the parties are personally present in court. A joint application has been filed by them setting out the terms and conditions on which they have mutually r esolved their differences finally. Thereby, they have decided to snap their mari tal tie by a decree of divorce. The appellant in Mat. Appl. No. 3/2011, as a con sequence, has forgone her claim for maintenance against the respondent therein. Apart from the stand taken by the parties in their joint application as referred to hereinabove, we have by way of abundant caution traversed the pleadings in b oth the proceedings as well as evidence on records. After hearing the learned counsel for the parties and on a consideration of the materials available, we are of the view that the appellant in Mat. Appl. No. 3/2 011 is entitled to a decree of divorce for dissolution of her marriage with the respondent. On a perusal of the impugned judgment and order dated 11.02.2010 pas sed by the learned Sessions Judge, Dibrugarh in Crl. Revision No.13(1)/2009 as w ell as the other material relatable to the claim for maintenance, we are of the view that in the changed circumstances recited hereinabove, the same also warran ts interference at this end. On a cumulative consideration of all the materials available as well as the stip ulations contained in the joint application filed by the parties (registered as MC No. 1727/2011), we order as follows: - i) The marriage between the parties stands dissolved by a decree of divorce. ii) The petitioner in Crl. Pet. No.184/2010 is relieved of his liability to pay maintenance to the opposite party therein. The judgment and order dated 07.05.2010 passed by the learned District Judge at Dibrugarh in TS No. (D) 19/2008 stands modified to the extent indicated hereinab ove. The judgment and order dated 11.02.2010 passed by the learned Sessions Judg e, Dibrugarh in Crl. Revision No.13(1)/2009, affirming the order dated 18.02.200 9 passed by the learned Judicial Magistrate 1st Class, Dibrugarh in Case No.80M/ 2007 is set aside. Both the Mat. Appl. No. 3/2010 and Crl. Pet. No. 184/2010 as well as MC No. 301/ 2011 are disposed in the above terms. No costs.