Xxxxxxxx vs Xxxxxxxx
2023 Latest Caselaw 2677 Gua

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GAHC010132022023




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

                                 Case No. : Mat.App./34/2023

            XXXXXXXX
            D/O LATE (DR.) RANADHIR RAJKUMAR OF CHRISTIAN BASTI, PO
            GUWAHATI 05, PS DISPUR, DIST KAMRUP M ASSAM



            VERSUS

            XXXXXXXX
            S/O LATE SURANATH SINHA
            RESIDENT OF VILLAGE NEW BHAKATPUR, CHINCHOORI ROAD, PO
            BHAKATPUR,DIST CACHAR, ASSAM 788005



Advocate for the Petitioner   : MR B SINHA

Advocate for the Respondent :




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

                                          ORDER

17.07.2023 (M. Zothankhuma, J.)

1. Heard Mr. B. Sinha, learned counsel for the appellant (wife), who submits that the appellant had obtained an ex parte decree of divorce from the Court of Page No.# 2/3

the Principal Judge, Family Court No.1, Kamrup, Guwahati, vide judgment & order dated 26.11.2018 and decree dated 04.12.2018 passed in FC(Civil) Case No.356/2018. The respondent (husband) did not file any appeal against the judgment and decree passed in FC(Civil) Case No.356/2018. However, the respondent (husband) has, after 5 (five) years, filed FC(Civil) Case No.120/2023 before the Principal Judge, Family Court, Cachar at Silchar under Section 9 of the Hindu Marriage Act, 1955 praying for restitution of conjugal rights.

2. The petitioner's counsel submits that as there is already a divorce decree passed in FC(Civil) Case No.356/2018, FC(Civil) Case No.120/2023 filed by the respondent (husband) is not maintainable, unless the judgment and decree passed in FC(Civil) Case No.356/2018 is set aside.

3. On a query made to Mr. B. Sinha, learned counsel for the appellant, as to whether the appellant herein has taken part in the proceedings in FC(Civil) Case No.120/2023 informing the Principal Judge, Family Court, Cachar at Silchar that a divorce decree had already been passed in FC(Civil) Case No.356/2018, Mr. B. Sinha submits that the appellant has not taken part in the proceedings in FC(Civil) Case No.120/2023.

4. On considering the above facts, we are of the view that the appeal should be dismissed and the appellant should take part in the proceedings in FC(Civil) Case No.120/2023 before the Principal Judge, Family Court, Cachar at Silchar and inform the said Court that a divorce decree had already been issued by the Court of the Principal Judge, Family Court No.1, Kamrup, Guwahati, vide Page No.# 3/3

judgment and order dated 26.11.2018 and decree dated 04.12.2018 passed in FC(Civil) Case No.356/2018. As such, we are not inclined to entertain the present appeal.

5. The appeal is accordingly disposed of, with liberty being given to the appellant, to take part in the proceedings in FC(Civil) Case No.120/2023, if so advised.

                      JUDGE                         JUDGE




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