Ranjan Baruah vs Smti. Shravani Khaund Boruah
2021 Latest Caselaw 3571 Gua

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GAHC010037932017




                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                             Case No. : CRP/38/2016


         RANJAN BARUAH
         S/O- SRI CHANDRADHAR BARUAH
         R/O- CHOLADHARA CHARIALI
         T.R. PHUKAN ROAD
         JORHAT TOWN
         DIST.- JORHAT
         ASSAM.


          VERSUS

         SMTI. SHRAVANI KHAUND BORUAH
         W/O- SRI RANJAN BARUAH
         R/O- CHOLADHARA CHARIALI
         T.R. PHUKAN ROAD
         JORHAT TOWN
         DIST.- JORHAT
         ASSAM.


         ------------
         Advocate for : MS. S GOHAIN
         Advocate for : MR. N N B CHOUDHURY appearing for SMTI. SHRAVANI
         KHAUND BORUAH
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                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
                  HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

Date : 21.12.2021

Heard Mr. Y S Mannan, learned counsel for the petitioner as well as Mr. M Dewan, learned counsel for the respondent.

2. CRP/38/2016 is instituted assailing the order dated 07.10.2015 of the learned District Judge, Jorhat in Misc(J) Case No. 17/2012 arising out of TS(M)/79/2011.

3. By the said order, a maintenance pendent lite under Section 24 of the Hindu Marriage Act, 1995 was awarded in favour of the respondent wife Smt. Shravani Khaund Boruah.

4. In the meantime, TS(M)/79/2011 had been given its final consideration and by the judgment dated 16.05.2017, the suit was dismissed. Being aggrieved, Mat.App./49/2017 has been instituted by the petitioner, Sri Ranjan Baruah and the said appeal is pending for a final adjudication.

5. In the Mat.App./49/2017, an order dated 23.01.2021 had been passed upon an interaction by the Court with both the petitioner husband and the respondent wife whereby the maintenance payable was ordered to be Rs.30,000/- (Rupees Thirty Thousand) per month.

6. As the civil revision is instituted against the order dated 07.10.2015 of the learned District Judge, Jorhat in Misc(J) Case No. 17/2012 arising out of TS(M)/79/2011 which is an order where maintenance pendent lite under Section 24 of the Hindu Marriage Act, 1995 had been granted, and subsequently, TS(M)/79/2011 itself had been finally decided and in the resultant appeal, the maintenance had been enhanced to Rs.30,000/- (Rupees Thirty Thousand), we are of the view that no further adjudication is required in CRP/38/2016 and the issue raised in the said revision petition now shall stands merged with Mat.App./49/2017.

7. In view of the above, CRP/38/2016 is closed.

8. The order dated 08.08.2016 in CRP/38/2018 also stands vacated inasmuch as the implication of the said order had been superseded by the order dated 23.01.2021 of Mat.

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App./49/2017.

JUDGE JUDGE

Comparing Assistant