Arunjoy Talukdar vs Krishna Das
2023 Latest Caselaw 3214 Gua

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GAHC010187952022




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

                                 Case No. : Mat.App./30/2022

              ARUNJOY TALUKDAR
              S/O MUKUL TALUKDAR,
              RESIDENT OF VILLAGE JYOTINAGAR,L SHIMLAGURI, BARPETA ROAD, PS
              GOBARDHANA, DIST BARPETA, ASSAM 781315



              VERSUS

              KRISHNA DAS
              D/O SUBODH DAS,
              VILLAGE GANAKKUCHI, KANARA SATRA, PS AND DIST BARPETA,
              ASSAM 781314



Advocate for the Petitioner   : MR. T J MAHANTA

Advocate for the Respondent : MR. R K TALUKDAR




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

                                          ORDER

Date : 21.08.2023.

(M. Zothankhuma, J)

Heard Mr. T.J. Mahanta, learned Senior Counsel assisted by Mr. U. Sarma, Page No.# 2/3

learned counsel for the appellant as well as Mr. D. Borah, learned counsel for the respondent.

The learned Senior Counsel appearing for the appellant submits that the challenge made in this appeal is only with regard to the amount of permanent alimony given to the respondent wife, amounting to Rs.8 lakhs. The learned Senior Counsel submits that the appellant has already submitted an affidavit showing the assets and liabilities of the appellant in terms of the judgment of the Apex Court in the case of Rajnesh vs. Neha, reported in (2021) 2 SCC 324. On perusing the affidavit filed by the appellant, we notice that the dependents of the appellant are his mother and father only, who are 61 and 64 years of age respectively. Nothing has been stated in the affidavit as to what is the total monthly income of the appellant.

The respondent's counsel submits that he needs to obtain instructions as to whether any affidavit with regard to the assets and liabilities of the respondent has been filed.

In view of above facts, we are of the view that fresh affidavits should be filed by both the parties, indicating their assets and liabilities. The parties shall, in their affidavits, indicate the total monthly income being earned by both of them and whether they pay income tax and if they pay income tax, copies of their income tax returns should be annexed to the affidavit.

The appellant's counsel shall clarify in his affidavit as to what vehicle was involved in the accident, which had required the appellant to be hospitalised. The parties shall indicate in their affidavit whether they own any vehicles, whether it be two wheelers or four wheelers, present or past. The type of vehicle and the registration number of the vehicle should also be reflected. They Page No.# 3/3

shall also indicate the immovable properties, that they own, in their names and Land Pass Numbers of the same. They shall also indicate in their affidavit, their dependentswho are relying upon their income.

The affidavits should be filed within two weeks. List the matter after two weeks.

                                              JUDGE                    JUDGE




Comparing Assistant