Gauhati High Court
Roseline Firoz vs Fardin Akhtar on 9 April, 2021
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GAHC010134282020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1563/2020
ROSELINE FIROZ
D/O MD. FIROZ ALI, EX W/O FARDIN AKHTAR, R/O SANTIPUR HILLSIDE,
PNGB ROAD, MUNIR PATH, PO BHARALUMUKH, PS BHARALUMUKH,
DIST KAMRUP ASSAM,
VERSUS
FARDIN AKHTAR
S/O MD. AKHTAR HUSSAIN R/O HOUSE NO 13(A) (INFRONT OF HEM
BARUA PATH), KK HANDIQUE PATH , MATHURA NAGAR, BEHIND
DOWNTOWN HOSPITAL, P.O. AND P.S. DISPUR, GUWAHATI 06, DIST.
KAMRUP, ASSAM
Advocate for the Petitioner : MS. N S THAKURIA
Advocate for the Respondent : MR S H MAHMUD
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
09.04.2021
Suman Shyam, J.
Heard Mrs. N. S. Thakuria, learned counsel for the applicant. Also heard
Mr. S. H. Mahmud, learned counsel representing the respondent.
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The marriage between the applicant and the respondent was dissolved
by a decree passed by the learned Principal Judge, Family Court, Kamrup,
Guwahati in F.C.(Civil) No.226/2016. An amount of Rs.8 lakhs, as permanent
alimony, was awarded by the learned Family Court to be paid by the appellant
(husband) to the respondent (wife). Aggrieved by the amount of permanent
alimony fixed by the learned Family Court by judgment and order dated
16.08.2018 passed in Misc.(J) Case No.173/2017, the husband as appellant had
filed Mat Appeal No.71/2018.
For the purpose of admission of the appeal, a sum of Rs.2 lakhs was
required to be deposited by the appellant which amount, on being deposited
with the Registry, was also withdrawn by the respondent/ applicant. Eventually,
by judgment and order dated 18.02.2020 passed in Mat. Appeal No.71/2018 this
Court had disposed of the appeal by reducing the amount of permanent
alimony to Rs.6 lakhs and directed that the amount be paid by the appellant
within a period of six months. Since the appellant/respondent had failed to pay
the balance amount of Rs.4 lakhs to the applicant even after the lapse of six
months from the date of the said order, the instant application has been filed
by the applicant/wife seeking appropriate orders for enforcement of the
judgment and order dated 18.02.2020 passed in Mat. Appeal No.71/2018.
In terms of our order dated 087.04.2021, Mr. S. H. Mahmud, learned
counsel for the respondent, has obtained instructions and has produced a
Cheque bearing No.006262 drawn on Bank of Boroda, R.G.Baruah Road,
Guwahati dated 09.04.2021 issued in the name of the applicant for a sum of
Rs.2 lakhs and submits that the respondent be given three months time to pay
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the balance amount of Rs.2 lakhs to the applicant.
Ms. Thakuria, learned counsel for the applicant, submits in all fairness,
that subject to encashment of the cheque her client would have no objection if
the balance amount is paid within three months from today, if the respondent
assures this Court that the time line will be adhered to.
Having heard the submissions of learned counsel for the parties, we find
that the respondent has made out a good case for granting him three months
further time for payment of the balance amount of Rs.2 lakhs. As such, Ms.
Thakuria to receive the cheque dated 09.04.2021 drawn in favour of the
applicant, which is hereby handed over to her.
Mr. Mahmud has submitted that the requisite fund is available in the ban
account for encashment of the cheque and therefore, the cheque would be
cleared if it is placed before the Bank even during the course of the day.
Necessary steps be taken accordingly.
Subject to encashment of the cheque, the respondent is granted time till
11.07.2021 to pay the balance amount of Rs.2 lakhs to the applicant either by
cheque or by a demand draft, drawn in her name.
Let this matter be listed again on 13.07.2021 as a fixed item.
JUDGE JUDGE
Comparing Assistant
