Bhaben Sarmah vs Debojani Sarmah
2022 Latest Caselaw 1075 Gua

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GAHC010037832022




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

         Case : Mat.App./4/2022

         BHABEN SARMAH
         S/O LATE JIBESWAR SARMAH
         RESIDENT OF JHANJI SIMALUGURI
         BAMUNGAON
         PO TAMULISIGA
         PS TEOK
         DIST JORHAT
         ASSAM


          VERSUS

         DEBOJANI SARMAH
         D/O LATE MANIK CH. BORTHAKUR

         RESIDENT OFJHANJI TAMULISIGA
         LAHUALGAON
         PO TAMULICHIGA
         PS BHOGAMUKH
         DIST JORHAT
         ASSAM 785682


         ------------
         Advocate for : MR. A SATTAR
         Advocate for : appearing for DEBOJANI SARMAH



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

                                     ORDER

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Date : 25-03-2022 Suman Shyam, J

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

This appeal is directed against the judgment dated 30-11-2021 passed by the learned Addl. District Judge, Jorhat in connection with Misc. (J) Case No. 13/2016 arising out of T.S. (M) No. 5/2014 whereby, the learned court below has directed the appellant to pay maintenance to the respondent amounting to Rs. 10,000/- per month, from the date of filing of the application or to pay her one time permanent alimony of Rs. 10,00,000/- within 30-11-2021.

Mr. Borthakur submits that the learned court below has failed to appreciate the evidence on record in the correct perspective before arriving at the finding as regards the income of the appellant. Therefore, there is error apparent in the impugned judgment, which calls for interference by this Court.

After hearing the submission of learned counsel for the appellant, we are of the view that notice before admission is required to be issued in this case.

Issue notice returnable in 06 weeks.

Appellant to take steps for service of notice upon the respondent by registered post with A/D within 03 days from today.

                           JUDGE                      JUDGE
GS


Comparing Assistant