Ranjit Kumar Medhi vs Daisy Das
2023 Latest Caselaw 1977 Gua

Citation : 2023 Latest Caselaw 1977 Gua
Judgement Date : 15 May, 2023

Gauhati High Court

Ranjit Kumar Medhi vs Daisy Das on 15 May, 2023

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GAHC010228542022




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

                                 Case No. : CRP(IO)/273/2022

             RANJIT KUMAR MEDHI
             S/O. LT. TARA NATH MEDHI, VILL. BORNARIKOLA, P.O. SRIJANGRAM, P.S.
             ABHAYAPURI, DIST. BONGAIGAON, ASSAM, PIN-783384.



             VERSUS

             DAISY DAS
             W/O. SRI RANJIT KUMAR MEDHI, D/O. LT. TARUN DAS, VILL. SIALMARI,
             P.O. BIJNI, DIST. CHIRANG (BTAD), ASSAM, PIN-783390.



Advocate for the Petitioner   : MR. M A ISLAM

Advocate for the Respondent : MR D C NATH




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

15.05.2023

1. Heard Mr. M. A. Islam, learned counsel for the petitioner.

2. The present application under Article 227 of the Constitution of India, the petitioner has assailed the order dated 31.10.2022 passed by the Page No.# 2/2

learned Additional District Judge, FTC, North Salmara, Abhayapuri in Title Suit (D) No. 24/2021 under Section 24 of the Hindu Marriage Act, 1955 whereby interim maintenance of Rs. 6,000/- per month was granted along with litigation cost of Rs. 15,000/- to the respondent/wife.

3. The basic contention of the petitioner/husband is that the respondent/wife herself is a School Teacher and she is having sufficient means, therefore the order of maintenance could not have been passed by the learned Court below.

4. Countering such argument, the learned counsel for the respondent/wife submits that the respondent/wife is working as teacher in a private school with a meager income of Rs. 7,000/- per month whereas the petitioner/husband is a Junior Engineer under the State Government and he is having a salary of Rs. 57,563/- per month.

5. As the dispute is regards the income, this Court in the spirit of Judgment of the Hon'ble Apex Court in the case of Rajnesh -Vs- Neha reported in 2021 2 SCC 324, directs both the parties to file affidavits declaring their income etc. respectively in terms of the judgment in the case of Rajnesh (supra) by the next date fixed.

6. List this matter on 31.05.2023.

JUDGE

Comparing Assistant