Xxxxxxx vs Xxxxxxx
2023 Latest Caselaw 2742 Gua

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GAHC010142622023




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

                               Case No. : I.A.(Civil)/1943/2023

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             VERSUS

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Advocate for the Petitioner   : P CHAKRABORTY

Advocate for the Respondent : MR. A R TALUKDAR




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

                                          ORDER

Date : 24-07-2023 (M. Zothankhuma, J)

Heard Ms. P Chakraborty, learned counsel for the applicant/husband and Mr. PR Sarma, learned counsel for the respondent/wife.

The husband has made a challenge to the order dated 09.02.2023 passed by this Court in the main case, i.e., Mat. App. 70/2017 wherein the amount of monthly maintenance has been enhanced to Rs. 25,000/-.

On the other hand, the respondent/wife, who is the appellant, has made a Page No.# 2/2

challenge to the judgment passed by the learned Family Court, by which FC(Civil) 185/2012 had been allowed and the marriage between the parties has been dissolved by passing a divorce decree. The learned Family Court had directed payment of permanent alimony of Rs. 4,00,000/- within a period of six months vide judgment dated 06.04.2017 or in the alternative Rs. 6,000/- per month was to be paid to the wife and the minor child.

The wife/respondent being aggrieved had approached this Court seeking enhancement of the permanent alimony and monthly maintenance. This Court vide the order dated 09.02.2023 had directed that the monthly maintenance should be Rs. 25,000/-. As stated earlier, the applicant/husband has prayed for modification of the same.

We are of the tentative view that the amount of Rs. 6,000/- per month is very low.

Ms. P Chakraborty, learned counsel for the applicant/husband submits that the counsel for the wife has put forth a proposal that the permanent alimony should be Rs. 20 lakhs. She submits that an attempt to settle the matter will be made out of Court and in this regard, 10 (ten) days' time may be granted.

The prayer of the counsel for the applicant/husband is allowed.

List the matter on 07.08.2023.

                                            JUDGE                 JUDGE




Comparing Assistant