Gauhati High Court
Xxxxxxxx vs Xxxxxxxx on 9 August, 2024
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010012332023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Mat.App./26/2023
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S/O RAMGOPAL RATHI, VILL.- WARD NO. 6, BARPETA ROAD, P.S.-
BARPETA ROAD, DIST.- BARPETA, ASSAM, PIN- 781315.
VERSUS
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D/O NAGINA SHAH, VILL.- ATHIABARI, P.S.- GOBARDHANA, DIST.-
BAKSA, PIN- 781315.
Advocate for the Petitioner : MR Z ALAM, MS. S NAZNEEN
Advocate for the Respondent : MS P AGARWAL (AS LEGAL AID-COUNSEL),
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 09.08.2024 [Manish Choudhury, J] Heard Ms. S. Nazneen, learned counsel for the appellant and Dr. P. Agarwal, learned Legal Aid Counsel for the respondent, State of Assam.
2. The present appeal under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Page No.# 2/3 Hindu Marriage Act, 1955 had been preferred by the appellant-husband against a Judgment dated 28.11.2022 passed by the Court of learned Principal Judge, Family Court, Barpeta in Title Suit [M] FC Case no. 271/2021.
3. The title suit, Title Suit [M] FC Case no. 271/2021 was instituted by the respondent-wife seeking dissolution of her marriage with the appellant-husband, who was impleaded as the defendant therein, under Section 13[1][ia] of the Hindu Marriage Act, 1955. On institution of the title suit, notice was issued to the defendant-husband, who contested the proceeding by filing written statement. When efforts through counseling failed, the suit proceeded for trial. On the basis of the pleadings, issues were framed and both parties led evidence by examining witnesses. Thereafter, the learned Family Court by the Judgment and Order dated 28.11.2022 allowed the petition filed under Section 13[1][ia] of the Hindu Marriage act, 1955 on contest. While decreeing the decree of divorce, dissolving the marriage between the appellant-husband and the respondent-wife, who were defendant and the plaintiff respectively in the title suit, solemnized on 24.06.2012, the learned Family Court directed payment of a permanent alimony of Rs. 10 lakhs to the plaintiff-wife.
4. Taking exception to the said Judgment and Order dated 28.11.2022, passed in Title Suit [M] FC Case no. 271/2021, the defendant-husband as the appellant had present the instant appeal.
5. The primary challenge in the appeal was in respect of the amount of Rs. 10 lakhs granted by the Family Court as permanent alimony.
6. This Court in an interlocutory application, I.A.[Civil] no. 1534/2023, arising out the instant appeal, passed an Order on 21.06.2023 to the effect that the Judgment and Order dated 28.11.2022 would remain stayed, subject to deposit of a sum of Rs. 3 lakh by the appellant-husband within a period of 4 weeks thereof. It was further ordered that on deposit of the said sum of Rs. 3 lakh in the Registry of this Court, the Registry shall disburse the said amount to the respondent-wife on proper identification.
7. It transpires from the Order dated 04.08.2023 passed by the Register General, available in the case records, that the appellant-husband had deposit an amount of Rs. 3 lakh in deference to the Order dated 21.06.2023 and upon such deposit, the said amount of Rs. 3 lakh has been disbursed to the respondent-wife by an account payee cheque dated 04.08.2023. The same was received by the respondent-wife upon her due identification by the learned Legal Aid Counsel.
8. When the appeal was listed previously on 31.07.2024, a submission was advanced by the learned counsel for the parties, more particularly, by learned Legal Aid Counsel for the respondent-wife that the respondent-wife is agreeable to a sum of Rs. 3 lakh as permanent alimony for giving quietus to the Page No.# 3/3 litigation and there would be no further demand from end of the respondent side. In view of such submission advanced by the learned Legal Aid Counsel for the respondent-wife, this court ordered to list the appeal again today [09.08.2024] so as to enable the learned counsel for the parties to obtain further instruction in the matter.
9. Today, Dr. P. Agarwal, learned Legal Aid Counsel has again submitted, on receipt of instruction from her client, that the respondent-wife is agreeable to a permanent alimony of 3 lakh and as such, the respondent-wife has no objection if the permanent alimony awarded by the Judgment and Order dated 28.11.2022 of the Court of learned Principal Judge, Family Court, Barpeta is modified to that extent.
10. In view of the above submission made by the learned counsel for the parties, the present appeal stands partly allowed. It is observed that the Judgment and Order dated 28.11.2022 passed by the Court of learned Principal Judge, Family Court, Barpeta in Case no. T.S. [M] FC Case no. 271/2021 stands modified to the extent that the permanent alimony is reduced to Rs. 3 lakh from 10 lakh. It is clarified that the decree of divorce dissolving the marriage between the appellant-husband and the respondent- wife stands affirmed. With the above modification, the instant appeal stands partly allowed to the extent indicated above, on consent of both the parties.
11. The Registry to return the case records of Case no. Title Suit [M] FC Case no. 271/2021 to the Court of learned Principal Judge, Family Court, Barpeta forthwith.
JUDGE JUDGE Comparing Assistant