Smti. Rina Bora vs Sri Paresh Borah And Anr
2022 Latest Caselaw 933 Gua

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GAHC010115312019




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

                                 Case No. : Mat.App./23/2019

            SMTI. RINA BORA
            W/O- SRI PARESH BORA, R/O- VILL.- BARJHARGAON, P.O. DECARGAON,
            P.S. GOROIMARI, DIST.- SONITPUR, ASSAM.



            VERSUS

            SRI PARESH BORAH AND ANR
            S/O- LATE DADHI BORAH, R/O- VILL.- TOWN MORIKOLONG, P.O.
            NAGAON, P.S. SADOR NAGAON, DIST.- NAGAON, ASSAM.

            2:MD. ANOWAR HUSSAIN @ REJU HUSSAIN
             S/O- MD. MANNAS ALI
             R/O- VILL.- KATHIATOLI
             BUDHBORIA BAZAR
             P.O. KOTHIATOLI
             P.S. KAMRUP
             DIST.- NAGAON
            ASSAM

Advocate for the Petitioner   : MR. P P DAS

Advocate for the Respondent : MR. T DEURI




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

                                          ORDER

Date : 16-03-2022 Page No.# 2/3

Suman Shyam, J

Heard Mr. P.P. Das, learned counsel for the appellant. Also heard Mr. A. Sharma,

learned counsel for the respondent No. 1 and Ms. T. Wapangla, learned counsel for the

respondent No. 2.

This appeal is directed against the judgment and order dated 26-02-2019 passed

by the court of learned Addl. District Judge No. 1, Nagaon in Matrimonial Suit (Divorce)

Case No. 28/2015 granting a decree of divorce in favour of the plaintiff/ respondent No. 1

dissolving his marriage with the appellant on the ground of adultery.

Mr. Sharma, learned counsel for the respondent No. 1 submits that since there was

no stay order operating in this case, hence, his client has remarried on the expiry of the

statutory period. Therefore, nothing survives for adjudication in this appeal at this point of

time.

Mr. Das, learned counsel for the appellant, on the other hand, has submitted that

he is not assailing the decree of divorce but is merely seeking permanent alimony from

the respondent No. 1. The appellant's counsel has, however, not contested the submission

of the counsel for the respondent No. 1 to the effect that his client has remarried after

the expiry of the statutory period reckoned with effect from the date of the impugned

decree. If that be so, we find force in the submission of Mr. Sharma that no live issue

survives for adjudication in this appeal at this point of time.

Insofar as the prayer for payment of permanent alimony/ maintenance made by Page No.# 3/3

the appellant is concerned, here also, we find that such a plea was neither taken before

the learned court below nor has any such ground been urged by the appellant before us.

Under the circumstances, it will not be permissible for this Court to entertain such a

plea. However, if the appellant is entitled to permanent alimony/ maintenance under the

law, then it would be open for her to approach the appropriate forum by filing proper

application making such a prayer, if so advised.

With the above observation, we dispose of this appeal as infructuous.

                          JUDGE                       JUDGE
GS


Comparing Assistant