Jituraj Barman vs Kabita Das (Barman)
2022 Latest Caselaw 4902 Gua

                                                               Page No.# 1/4

GAHC010175002022




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

                                 Case No. : Mat.App./27/2022

            JITURAJ BARMAN
            S/O LT. HARENDRA NATH BARMAN,
            VILL.- BIDYAPUR,
            P.O.- NALBARI,
            P.S.- NALBARI,
            DIST.- NALBARI, ASSAM, PIN- 781335.



            VERSUS

            KABITA DAS (BARMAN)
            D/O SRI BANJIT DAS,
            VILL.- HOWLY, MAIRAMARA,
            P.O. AND P.S.- HOWLY,
            DIST.- BARPETA, ASSAM, PIN- 781316.



Advocate for the Petitioner   : MR. K R PATGIRI

Advocate for the Respondent : MR. M RAHMAN
                                                                              Page No.# 2/4




                                     BEFORE
                          HONOURABLE THE CHIEF JUSTICE
                      HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                           ORDER

Date : 12.12.2022 (R.M. Chhaya, CJ)

Feeling aggrieved and dissatisfied by the judgment and decree dated 30.07.2022, passed by the learned Principal Judge, Family Court, Barpeta, in Case No. T.S. (M) FC 263 of 2018, the appellant/original defendant has preferred this appeal under Section 19 of the Family Court's Act, 1984. By the impugned judgment and decree, the Family Court allowed the petition filed by the respondent/original petitioner under Section 13(1) of the Hindu Marriage Act, 1955.

2. Heard Mr. K. R. Patgiri, learned counsel appearing for the appellant/original defendant, and Mr. M. Rahman, learned counsel appearing for the respondent/original petitioner.

3. By an order dated 07.09.2022, this Court was pleased to call for the records of the proceedings from the Family Court and, upon hearing the learned counsel for the appellant on 10.11.2022, this Court passed the following order:

"Heard Mr. K.R. Patgiri, learned counsel for the appellant. Issue notice to the respondent, to be served through registered post as well as Dasti service, only for the purpose of granting the appellant an opportunity to pay the amount of Rs. 6,00,000/-, which has been granted as permanent alimony to the to the respondent, on four equal instalments on the condition that the appellant shall deposit a sum of Rs. 1,50,000/- with the Registry of this Court latest by 03.12.2022.

List again on 05.12.2022."

4. Mr. K. R. Patgiri, learned counsel for the appellant/original respondent has made a statement that the appellant does not challenge the decree of divorce, but as Page No.# 3/4

provided in the order dated 10.11.2022, the amount of Rs. 6,00,000/- granted by the Family Court by way of permanent alimony being excessive in nature, the appellant/original respondent is not able to pay the amount in one go. It is further submitted by the learned counsel for the appellant/original respondent that as per the order dated 10.11.2022 the appellant has deposited an amount of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand) only in the Registry of this Court and that this Court may grant the appellant the liberty to pay the remaining amount in at least eight equal monthly instalments.

5. Mr. M. Rahman, learned counsel for the respondent/original petitioner on instructions states that the respondent/original petitioner has no objection if the respondent/original petitioner is allowed to pay the remaining amount in a few instalments.

6. Considering the financial condition of the appellant/original respondent, as can be culled out from the record, while affirming the decree of divorce and so also the decree of total permanent alimony to the tune of Rs. 6,00,000/-, we deem it fit to grant to the appellant the liberty to pay the remaining amount in five equal monthly instalments. As out of Rs. 6,00,000/- an amount of Rs. 1,50,000/- has already been paid, the appellant shall now pay the remaining amount of Rs. 4,50,000/- by way of five equal monthly instalments, to be paid on every last day of the calendar month starting from January, 2023. The respondent/original petitioner is permitted to withdraw the amount of Rs. 1,50,000/- as deposited by the appellant/original respondent. The appeal is, thus, partly allowed.

7. The judgment and decree of divorce as well as the decree of permanent alimony of Rs. 6,00,000/- is confirmed. However, the appellant is granted five monthly installments as aforesaid. The judgment and decree is modified to the aforesaid extent. Rest of the judgment and decree is affirmed.

However, there shall be no order as to costs.

Page No.# 4/4

Registry is directed to send the LCR back to the trial court forthwith.

                      JUDGE                       CHIEF JUSTICE



Comparing Assistant