Aktar Hussain Laskar vs Musstt. Bilkis Ara Choudhury
2023 Latest Caselaw 1024 Gua

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GAHC010056142023




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

                                    Case No. : RSA/40/2023

            AKTAR HUSSAIN LASKAR
            S/O LATE ABDUL NOOR LASKAR
            VILLAGE MOHANPUR PART VI, PS ALGAPUR, DIST HAILAKANDI, ASSAM



            VERSUS

            MUSSTT. BILKIS ARA CHOUDHURY
            D/O LATE WAHIDUR RAHMAN CHOUDHURY
            RESIDENT OF VILLAGE NIZ KATIGORAH PART III, PS KATIGORAH, DIST
            CACHAR, ASSAM 788805



Advocate for the Petitioner   : MR. A H M R CHOUDHURY

Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                           ORDER

15.03.2023 Heard Ms. R. Choudhury, learned counsel representing the appellant. The appeal is admitted for hearing upon the following 3 [three] substantial questions of law:

"1. Whether the finding arrived at by the learned trial Court that Ext.-2 Page No.# 2/2

i.e., Kabinnama of the defendant with some other women being not rebutted by the defendant was sufficient for the plaintiff not to live with the defendant, is perverse?

2. Whether mere exhibition of documents exempted the plaintiff from proving the same in accordance with law?

3. Whether the Judgment and Decree passed by the learned Trial Court and its affirmation by the learned Appellate Court are at all sustainable in the eye of law for not considering the various settled principles of law such as "in absence of evidence of the defendant the Court should be more cautious in deciding the plaintiff's suit"?

The appellant shall be at liberty to raise any other substantial questions of law at the time of hearing.

Issue Notice to the sole respondent. The appellant shall take steps for service of notice on the respondent by registered post with A/D and other usual process. Call for the LCR.

List after Six weeks.

JUDGE

Comparing Assistant