Dipti Devi vs Balen Sarma
2021 Latest Caselaw 1669 Gua

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GAHC010054152021




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

                                Case No. : I.A.(Civil)/801/2021



            DIPTI DEVI
            W/O- SRI BALEN SARMA, R/O- FLAT NO. C-BLOCK, 3RD FLOOR, HIYA
            APARTMENT (INFRONT OF FOREST SCHOOL), P.O. GAUHATI UNIVERSITY,
            P.S. JALUKBARI, GUWAHATI-14, DIST.- KAMRUP(M), ASSAM.



            VERSUS



            BALEN SARMA
            S/O- LATE BHUDEB SARMA, R/O- LANKESWAR, 1ST BYE LANE NEAR
            KESHAB SARMA SHOP, WEST JALUKBARI, P.O. GAUHATI UNIVERSITY,
            GUWAHATI-14, PS.. JALUKBARI, DIST.- KAMRUP(M), ASSAM, OFFICE
            ADDRESS- C/O- BRANCH MANAGER, BIJOYA BANK, A.T. ROAD,
            MALIGAON, P.O. GUWAHATI, DIST.- KAMRUP(M), ASSAM.



Advocate for the Petitioner   : MR D K BORDOLOI

Advocate for the Respondent :




                                   BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

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16.07.2021 (Suman Shyam,J)

Heard Mr. D. K. Bordoloi, learned counsel for the applicant. We have also

heard Ms. S. Kanungoe, learned counsel for the respondent.

By filing this I.A. a prayer has been made to stay the operation of the judgment

and decree dated 15.02.2021 passed by the learned Principal Judge, Family Court-III,

Kamrup(M), Guwahati in F.C.(Civil) Case No.588/2013 granting a decree of divorce

dissolving the marriage between the applicant and the respondent.

The connected appeal being Mat. Appeal No.8/2021 has already been admitted

and the LCR has been called for.

Today when the matter is called up, Mr. Bordoloi submits that till such time the

appeal is finally heard and disposed of, the operation of the impugned judgment and

decree be suspended as otherwise the appeal would become infructuous.

Ms. Kanungoe, learned counsel for the respondent, on the other hand, submits

that the applicant and the respondent are living separately since the year 2013 and

therefore, their marriage has broken down irretrievably. Under the circumstances, it is

the submission of Ms. Kanungoe that no interim order is called for at this stage.

After hearing the submission of learned counsel for both the parties, we are of

the considered opinion that even at this stage, an attempt may be made to amicably

resolve the dispute between the parties by referring the matter to the Gauhati High Court

Mediation Center subject to consent of both sides. We, therefore, direct the learned

counsel for sides to obtain necessary instruction and apprise this Court on the next date

fixed as to their willingness to appear before the Mediator.

Registry to list the matter again on 01.09.2021 along with the connected appeal.

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Objection dated 26.04.2021 filed by the respondent be tagged with the record of

this case.

For ends of justice and as an ad-interim measure, we direct that the operation of

the impugned judgment and decree shall remain suspended till the next date fixed.

                                            JUDGE                             JUDGE



Comparing Assistant