Xxxx Xxxx vs Xxxx Xxxx
2023 Latest Caselaw 3134 Gua

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GAHC010212252022




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

                                 Case No. : Mat.App./40/2022

            XXXX XXXX
            S/O LATE MATHURA DAS,
            RESIDENT OF UDALGURI TOWN, WARD NO. 3, MOUZA AND PS
            UDALGURI, UDALGURI, BTC, ASSAM



            VERSUS

            XXXX XXXX
            W/O SUKHAMAY DAS
            D/O LATE SAILEN MAZUMDAR,
            RESIDENT OF RANGIA TOWN, WARD NO. 4 DIST KAMRUP ,ASSAM



Advocate for the Petitioner   : MR. K SARMA

Advocate for the Respondent : MS. R B BORA




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

14.08.2023 Heard Shri K. Sarma, learned counsel for the appellant, who is aggrieved by the part of the judgment and order dated 30.06.2022 passed by the learned District Judge, Udalguri in Title Suit (D) Case No. 26/2016 whereby a permanent alimony of Rs.20,000,00/- (Rupees Twenty Lakhs) has been directed to be paid in three equal Page No.# 2/2

installment within 3(three) months. The said judgment is also dissolved the marriage by a decree of divorce.

2. Shri Sarma, learned counsel has submitted that there was no proper assessment of the income of the appellant before such alimony was granted.

3. Admit.

4. The LCR has already been received pursuant to the order dated 02.06.2023.

5. Shri R. Islam, learned counsel has appeared for the sole respondent. Therefore, there is no requirement of taking any further steps.

6. Shri Islam, learned counsel for the respondent submits that no amount has been paid till now. This Court in the earlier order dated 02.06.2023 had already observed that the respondent would be at liberty to file appropriate petition before the learned Court in this regard. The said option may be availed.

7. Shri Sarma, learned counsel for the appellant submits that he may be given liberty to file appropriate application for stay.

8. The parties are at liberty to file such application.

9. List this case after 6(six) weeks for orders.

JUDGE

Comparing Assistant