Dharam Chand Baid vs Kabita Baid @ Nowlokha (H)
2021 Latest Caselaw 545 Gua

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GAHC010088962019




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

                                 Case No. : Mat.App./3/2021

            DHARAM CHAND BAID
            SRI DHARAM CHAND BAID
            Address - S/O- LATE MULCHAND BAID, R/O- SAXENA BUILDING, NEAR
            AUTO CENTRE, NORTH BONGAIGAON, P.O., P.S. AND DIST.-
            BONGAIGAON, ASSAM, PIN- 783380.

            VERSUS

            KABITA BAID @ NOWLOKHA (H)
            SMT. KABITA BAID @ NOWLOKHA
             Address - D/O- LATE RATAN LAL NOWLAKHA, R/O- NEAR LIC BUILDING,
            BAZAR ROAD, KOKRAJHAR TOWN, P.O., P.S. AND DIST.- KOKRAJHAR
            (BTAD), ASSAM, PIN- 783370.


Advocate for the Petitioner   : MR A CHOUDHURY

Advocate for the Respondent :


                                    BEFORE
                       HONOURABLE MR. JUSTICE SUMAN SHYAM
                       HONOURABLE MR. JUSTICE MIR ALFAZ ALI

                                          ORDER

17.02.2021 Suman Shyam, J.

Heard Mr. D. Choudhury, learned counsel for the appellant. Also heard

Mr. B. Deka, learned counsel representing the respondent.

This appeal is directed against the judgment and order dated 20.08.2018 Page No.# 2/3

passed by the learned District Judge, Bongaigaon in connection with Title Suit

(D) No.17/2016 whereby the application filed by the appellant seeking

dissolution of his marriage with the OP by a decree of divorce was granted.

Mr. Choudhury submits that his client is only aggrieved with the quantum

of permanent alimony granted to the OP. By inviting the attention of this Court

to the office note dated 11.01.2021, Mr. Choudhury further submits that in terms

of the order dated 21.12.2020 passed by this Court, his client has already

deposited a cheque for an amount of Rs.5,00,000/- (Rupees Five Lakhs) with the

Registry of this Court and therefore, this appeal be admitted.

Mr. B. Deka, learned counsel for the OP, submits that his client be

granted liberty to withdraw the said amount.

We have perused the grounds taken in the memo of appeal.

Admit the appeal.

Call for the LCR.

Since the OP is already represented, no further notice is required to be

sent in this case.

This appeal be listed for hearing in due course.

The OP is granted leave to approach the Registry for withdrawing the

cheque for an amount of Rs.5,00,000/- (Rupees Five Lakhs) by observing the

necessary formalities.

                           JUDGE                                 JUDGE
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Comparing Assistant