Gauhati High Court
Sri Ranjan Baruah vs Smti Shravani Khound Baruah on 18 November, 2021
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GAHC010037932017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Mat.App./49/2017
SRI RANJAN BARUAH
S/O SRI CHANDRADHAR BARUAH, R/O CHOLADHARA CHARIA-ALI, T.R.
PHUKAN ROAD, P.O. and P.S. JORHAT, PIN 785001, DIST., JORHAT, ASSAM.
VERSUS
SMTI SHRAVANI KHOUND BARUAH
W/O SRI RANJAN BARUAH, R/O CHOLADHARA CHARI ALI, T.R. PHUKAN
ROAD, P.O. and P.S. JORHAT, PIN 785001, DIST. JORHAT, ASSAM. PRESENTLY
RESIDING AT CARE OF SRI JITUMONI SHARMA, PRAGATI NAGAR, NA-
ALI, NEAR PETROL PUMP, HOUSE NO. 19, 1ST FLOOR TULSHI TOL, P.O. and
P.S. JORHAT, PIN 785001, DIST. JORHAT, ASSAM.
Advocate for the Petitioner : MS.P BORTHAKUR
Advocate for the Respondent : MR. S BORTHAKUR
Linked Case : CRP/38/2016
RANJAN BARUAH
S/O- SRI CHANDRADHAR BARUAH
R/O- CHOLADHARA CHARIALI
T.R. PHUKAN ROAD
JORHAT TOWN
DIST.- JORHAT
ASSAM.
VERSUS
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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
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
HONOURABLE MR. JUSTICE K. SEMA
ORDER
Date : 18-11-2021
Suman Shyam, J
Heard Mr. A. Chamuah, learned counsel for the appellant (husband). We have also
heard Mr. S. Borthakur, learned counsel appearing for the respondent (wife).
This appeal is directed against the judgment and order dated 16-05-2017 passed
by the learned District Judge, Jorhat in (Marriage) Title Suit No. 79/2011 dismissing the
suit filed by the appellant seeking dissolution of his marriage with the respondent by
means of a decree of divorce. The divorce suit was filed on the ground of cruelty. It
appears from the submissions advanced by the learned counsel for the parties that the
appellant and the respondent have been living separately since more than a decade now
and the marriage between them has irretrievably broken down for all purposes with
practically no hope of reunion. The appellant is presently paying Rs. 30,000/- per month
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to the respondent towards maintenance of herself and her minor daughter who is aged
about 16 years as on date.
After hearing the preliminary arguments advanced by Mr. Chamuah as well as by
Mr. Borthakur, we are of the view that the only contentious issue between the parties at
this stage is pertaining to the quantum of permanent alimony if the marriage between
them is dissolved by a decree of divorce passed by the court. The learned counsel for
both sides have also fairly submitted that this matter can be sorted out in presence of
both the parties and therefore, appropriate order(s) be passed by this Court for securing
their presence before the court.
After hearing the submission of learned counsel for both the parties and with their
consent, we direct the appellant and the respondent to remain personally present on the
next date fixed so as to explore the possibilities of a permanent solution to their
matrimonial discord.
This matter will be taken up "in camera" (in the chamber).
Registry to list the matter again on 03-12-2021 as a fixed item.
JUDGE JUDGE
GS
Comparing Assistant
