Adhir Chandra Das vs Smt. Rakhi Dey
2022 Latest Caselaw 1210 Gua

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GAHC010063072022




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

                                 Case No. : Mat.App./7/2022

            ADHIR CHANDRA DAS
            S/O LATE JATINDRA CHANDRA DAS, RESIDENT OF SIRAJULI COLONY,
            GAUR BASTI, PO SIRAJULI, MOUZA AND PS DHEKIAJULI, DIST SONITPUR,
            ASSAM.



            VERSUS

            SMT. RAKHI DEY
            W/O SRI ADHIR CHANDRA DAS D/O LATE AMULLYA DEY, RESIDENT OF
            VILLAGE AMONI, NEAR MAHARAJ LINE HOTEL, PO AMONI, DIST
            NAGAON, ASSAM



Advocate for the Petitioner   : MR G N SAHEWALLA

Advocate for the Respondent :




                                   BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 04-04-2022 Suman Shyam, J

Heard Mr. P. Deka, learned counsel for the appellant.

This appeal is directed against the judgment dated 08-03-2019 passed by the Addl.

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District Judge, Sonitpur at Tezpur in T.S.(M) No. 30/2016 whereby the petition filed by the appellant under Section 13(1)(ib) of the Hindu Marriage Act, 1955 seeking a decree of divorce has been dismissed.

Mr. Deka submits that the husband and the wife have been living separately since the year 2006 and the evidence on record would clearly show that the marriage between them has broken down irretrievably. Under the circumstances, the impugned judgment suffers from error and therefore, the decree calls for reversal.

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

Admit the appeal.

Call for the LCR.

Issue notice upon the respondent returnable in 06 weeks.

Appellant to take steps for service of notice upon the respondent by registered post with A/D as well as by usual process.

Let this matter be listed accordingly.

                           JUDGE                       JUDGE
GS




Comparing Assistant