Xxxxxxxx vs Xxxxxxxx
2023 Latest Caselaw 2012 Gua

                                                                     Page No.# 1/2

GAHC010004112018




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

                                 Case No. : Mat.App./47/2018

             XXXXXXXX
             D/O SRI DILIP GOGOI, R/O KUMARANICHINGA (BAMPATHER), DIST.
             DIBRUGARH.



             VERSUS

             XXXXXXXX
             S/O LATE CHANDRA BURAGOHAIN, R/O SIMALUGURI, BAZAR ROAD, P.O.
             AND P.S. SIMULUGURI, DIST. SIVASAGAR, PIN 785686, ASSAM.



Advocate for the Petitioner   : MR S S DEY

Advocate for the Respondent : MR. M B U AHMED (R1




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                             ORDER

16.05.2023

Heard Mr. M. Nath, learned counsel for the appellant. Though name of the learned counsel for the respondent/husband is shown in the cause list, but none appears for him.

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This present appeal is preferred against the judgment and decree dated 05.09.2017 passed by the learned District Judge, Dibrugarh in Title Suit (M) No. 6/2014 whereby a decree declaring the marriage between the appellant and the respondent No. 1 as null and void with a further direction upon the respondent No. 1 to pay a sum of Rs. 2,00,000/- (Two Lakhs) as cost of proceeding to the petitioner/appellant, was passed.

The petitioner/appellant is aggrieved by that portion of the judgment and order dated 05.09.2017 inasmuch as it is the case of the petitioner/appellant that by misrepresentation and fraud, the marriage was solemnized and she is entitled for more compensation.

Be that as it may, as none appears for the respondent No. 1/ husband on call, and as this Court is of the view of that the presence of the respondent No. 1/husband shall be necessary for proper adjudication of the issue of compensation, let the respondent No. 1 namely Sri Ranjit Buragohain, Son of Late Chandra Buragohain resident of Simaluguri, Bazar Road, P.O. & P.S. Simuluguri, District- Sivasagar, Pin Code-785686, Assam, be remain persoannlly present before this Court on 22.06.2023.

Accordingly, Registry is directed to issue notice to the respondent No. 1/husband to remain personally present before this Court on that day.

The next date of the case is fixed on 22.06.2023.

JUDGE

Comparing Assistant