Bikul Dutta vs Ipsita Sarma
2023 Latest Caselaw 1122 Gua

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GAHC010042312023




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

                             Case No. : I.A.(Civil)/587/2023


          BIKUL DUTTA
          S/O AMULYA DUTTA
          R/O A.T. ROAD
          BYE-PASS
          BAPUZI NAGAR
          P.O. AND P.S.- JORHAT
          DIST.- JORHAT
          ASSAM
          PIN- 785001.


          VERSUS

          IPSITA SARMA
          D/O DR. DILIP SARMAG
           R/O SONALI JAYANTI NAGAR NAGAR
           BYE LABE NO. 05
           P.O. AND P.S.- JORHAT
           DIST.- JORHAT
           ASSAM.


          ------------
          Advocate for : MR. N SHARMA
          Advocate for : appearing for IPSITA SARMA



                                       BEFORE
               THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                ORDER

20. 03. 2023 Page No.# 2/2

Heard learned counsel for the applicant. This is an application under Order 41 Rule 5 of the Code of Civil Procedure praying for stay of operation of the order dated 06.01.2023 passed by the learned Additional District Judge, Jorhat in Misc (J) case No. 26/2017.

Issue notice, returnable after six weeks. Applicant to take steps for service of notice upon the respondent by way of registered post with A/D and by usual process within a period of three days from today.

Considering the evidence of PW2, the employer of the respondent wife, who deposed that the respondent is working as Junior Teacher in the Medical Institute and has been drawing salary for the month of March, 2021 @ Rs. 83,918/- and her gross salary is Rs. 97,600/- and that she is a permanent employee of Medical Institute, Jorhat, this court is of the view that the petitioner has been able to make out a prima-facie case for stay.

Accordingly, till return of notice and filing of objection by the respondent, as an ad-interim measure the judgment and order dated 06.01.2023 passed by the learned Additional District Judge, Jorhat in Misc (J) case No. 26/2017 shall remain suspended.

JUDGE

Comparing Assistant