Manoj Kumar Gogoi vs Priyanka Gogoi
2023 Latest Caselaw 3118 Gua

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GAHC010167392023




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

                                 Case No. : Mat.App./38/2023

            MANOJ KUMAR GOGOI
            S/O SRI MADAN CHANDRA GOGOI,
            C/O SRI JINTU GOGOI, RESIDENT OF NO. 1, CHARING BARUWATI GAON,
            PO CHARING, PS GAURISAGAR, SIVASAGAR, ASSAM
            PRESENTLY RESIDING AT
            KALIBARI BHABANI PATH,
            PHUKAN NAGAR, WARD NO. 10. PO, PS AND DIST SIVASAGAR, ASSAM.



            VERSUS

            PRIYANKA GOGOI
            D/O SRI RUDRA GOGOI
            RESIDENT OF AMGURI WARD NO. 4, PO AND PS AMGURI, DIST.
            SIVASAGAR, ASSAM 785680



Advocate for the Petitioner   : MR. R DE

Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                           ORDER

14.08.2023 Heard Shri R. De, learned counsel for the appellant, who has preferred this appeal under Section 28 of the Hindu Marriage Act, 1955 being aggrieved by a part of Page No.# 2/2

the judgment and decree dated 03.06.2023 passed by the learned District Judge, Sivasagar in Title Suit (Matrimonial) Case No. 84/2022. The brief submission of Shri Dey, learned counsel is that an application under Section 13(B) of the Act of 1955 was filed by the appellant and the respondent for dissolution of their marriage on mutual consent. In the said petition, a specific pleading has been made that neither of the parties would demand for any interim maintenance or permanent alimony and in this regard paragraph 8 of the petition has been referred.

2. Shri Dey, learned counsel has also referred to the examination in chief in the joint evidence filed on affidavit more specifically in paragraph nos. 9 and 12 wherein a similar declaration regarding no claim for maintenance has been made. However, by the aforesaid judgment and decree dated 03.06.2023, while the marriage has been dissolved, a permanent alimony of Rs.10(ten) lakhs is directed to be paid by the appellant to the respondent.

3. Admit.

4. Call for the records.

5. Let steps for service of notice upon the respondent be taken by registered post with A/D as well as by usual process. Steps within two days.

6. List this case after 6(six) weeks along with service report and report of LCR.

7. Appellant is at liberty to file appropriate application for necessary directions.

JUDGE

Comparing Assistant