Bhupendra Kumar Das vs Dipanjali Chetia
2023 Latest Caselaw 2920 Gua

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GAHC010152532023




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

                                 Case No. : Mat.App./37/2023

            BHUPENDRA KUMAR DAS
            S/O LATE LAKSHI KANTA DAS,
            R/O HOUSE NO. 8, RADHA KANTA DAS BHAWAN, PIYALI PHUKAN ROAD,
            REHABARI, P.S.- REHABARI, P.S.- PALTANBAZAR, GUWAHATI- 781008,
            DIST.- KAMRUP (M), ASSAM.



            VERSUS

            DIPANJALI CHETIA
            D/O LATE DURGESWAR CHETIA,
            R/O SONAPUR, NAMGHAR PATH, NEAR DAILY BAZAR, DULIAJAN, P.O.
            AND P.S.- DULIAJAN, DIST.- DIBRUGARH, ASSAM, PIN- 786602.



Advocate for the Petitioner   : MR S DUTTA

Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

05-08-2023 Heard Shri S. Dutta, learned Senior Counsel for the appellant, who by means of this appeal has put to challenge a part of the judgment dated 12.04.2023 passed by the learned District Judge, Dibrugarh in Title Suit (Divorce) No. 35/2017.

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The appellant was the petitioner who was instituted the proceeding under Section 13 (1)(ia) of the Hindu Marriage Act for dissolution of marriage.

The learned Senior Counsel has submitted that though the divorce had been granted, the grievance is with regard to the direction regarding payment of permanent alimony which has been stipulated at Rs.8,00,000/-(Rupees Eight Lakhs) to be paid within a period of 3 (three) months.

The case of the petitioner is that there was no proper assessment of the relevant factors including the income and the expenditures incurred by the petitioner on himself due to his ailments.

This Court after hearing the learned counsel and also after perusal of the materials on record is of the prima facie opinion that the amount involved may not at the higher side, more so taking into account the present situation. The business of the petitioner has also been taken note of.

At this stage, the senior counsel however submits that he may be granted some time to have instructions.

In the interest of justice, let this matter be adjourned for today and the same be listed on 08.08.2023 on which date after receipt of instructions, this Court will pass final order(s).

JUDGE

Comparing Assistant