Ashit Chanda vs Suparna Chanda (Sen)
2023 Latest Caselaw 3145 Gua

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GAHC010018982022




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

                                Case No. : I.A.(Civil)/297/2022

            ASHIT CHANDA
            S/O LATE GOURANGA CHANDA
            RESIDENT OF SRIKUNA, PS SILCHAR, DIST CACHAR, ASSAM 788005



            VERSUS

            SUPARNA CHANDA (SEN)
            D/O SRI SASHI BHUSAN SEN
            W/O SRI ASHIT CHANDA, RESIDENT OF RADHA MADHAB ROAD, RANGIR
            KHARI, SILCHAR, DIST CACHAR, ASSAM, 788005



Advocate for the Petitioner   : MR. N H MAZARBHUIYAN

Advocate for the Respondent :




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

16.08.2023 (M. Zothankhuma, J.)

1. Heard Mr. N.H. Mazarbhuiyan, learned counsel for the applicant husband, who submits that in terms of the orders passed by this Court, notice on the Page No.# 2/3

respondent wife was advertised in the local newspaper Jugasankha dated 07.03.2023. He also submits that notice was also issued in the normal manner in the address given by the respondent in her written statement in F.C.(Civil) Case No.119/2008, which had been disposed of by the Court of the Principal Judge, Family Court, Cachar at Silchar on 02.05.2013.

2. This is an application for condoning the delay of 2417 days in filing the appeal against the impugned judgment dated 02.05.2013 passed by the Principal Judge, Family Court, Cachar at Silchar in F.C(Civil) Case No.119/2008.

3. The applicant has filed this appeal against the impugned judgment on the ground that his suit for dissolution of marriage had been rejected. The subsequent suit filed by the applicant for restitution of conjugal rights, vide F.C(Civil) 133/2013, had also been dismissed on contest by the Principal Judge, Family Court, Cachar at Silchar. The applicant's case is that he has neither been allowed to divorce his wife nor has he been allowed to enjoy conjugal rights with his wife.

4. The additional affidavit filed by the applicant on 16.08.2023 shows that the applicant has been paying maintenance to his respondent wife in F.C (Crl.) 8/2010 before the Principal Judge, Family Court, Cachar at Silchar.

5. In view of the above reason, this Court is of the view that the respondent wife should be given a copy of this order, to enable her to be aware of the fact that this case is pending in this Court. Accordingly the applicant shall submit a copy of this order to the Principal Judge, Family Court, Cachar at Silchar, who shall thereafter give a copy of this order to the respondent wife at the time of giving the monthly maintenance to the respondent wife. The Principal Judge, Family Court, Cachar at Silchar shall then submit a report to this Registry Page No.# 3/3

indicating that a copy of this order has been furnished to the respondent wife.

6. List this matter on 28.09.2023.

                       JUDGE                          JUDGE




Comparing Assistant