Sri Probir Paul vs Smt. Munna Paul
2023 Latest Caselaw 2359 Gua

                                                                    Page No.# 1/3

GAHC010167862018




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

                                 Case No. : Mat.App./59/2018

             SRI PROBIR PAUL
             S/O LATE PREMANANDA PAUL, R/O DR. MAHANAMBRATA LANE, E and D ,
             SHIBBARI ROAD, P.O. AND P.S. SILCHAR, DIST. CACHAR, ASSAM.


             VERSUS

             SMT. MUNNA PAUL
             D/O SMTI. CHITA RANYAN PAUL @ KALIDAS PAUL OF CHITA RANJAN
             ROAD, P.O. COLLEGE TILLA, AGARTALLA, TRIPURA


Advocate for the Petitioner   : MR. S C KEYAL

Advocate for the Respondent :




                                    BEFORE
                 HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                  HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

Date : 05-06-2023 (M. Zothankhuma, J)

Heard Mr. SC Keyal, learned counsel for the appellant, who submits that he cannot contact the appellant nor does he have the correct address of the appellant, inasmuch as, the communication being sent to the appellant, in the address given in the cause-title is not being answered to by the appellant. He also submits that the counsel, who represented the appellant earlier in the Page No.# 2/3

learned Trial Court, could also not be traced out and as such, he has no further comments to make in this case.

This appeal is preferred against the judgment and order dated 09.60.2014, granting divorce sought by the appellant and directing the appellant to pay the respondent a lump sum amount of Rs. 4,00,000/- only, as permanent and future alimony and a sum of Rs. 3,000/- per month for maintenance of the minor daughter till attaining her majority. The said judgment dated 09.06.2014 was passed by the learned Principal Judge, Family Court, Cachar, Silchar in FC(Civil) 158/2012.

The appeal was filed on 30.09.2014. Though steps for service of notice upon the sole respondent had apparently been taken earlier, the notice was returned unserved. Though dasti service was also permitted to be taken by this Court vide order dated 25.07.2022, no steps was taken in the said manner by the appellant.

This Court in its order dated 17.01.2023, had given another opportunity to the appellant to take steps for service of notice upon the sole respondent, failing which the matter would be dismissed without any further order. The appellant was also directed to produce on the next date of listing, proof that Rs. 2,00,000/- out of the Rs. 4,00,000/- had been paid by the appellant to the respondent as permanent alimony.

No proof of payment of 50% of the alimony has been shown by the counsel for the appellant. Further, as stated by the counsel for the appellant, the counsel has lost touch with the appellant. In fact, vide order dated 28.02.2023, this Court had further granted four weeks' time to the appellant to take steps for service of notice upon the sole respondent. The same also has not been Page No.# 3/3

done in view of the reasons stated above.

Accordingly, we are of the opinion that the appellant is not interested in pursuing the matter any longer. Therefore, this appeal is dismissed for non- prosecution by the appellant.

                                  JUDGE                        JUDGE



Comparing Assistant