R.K. Purnima Singh vs R.K. Ranjit Singh
2023 Latest Caselaw 4103 Gua

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GAHC010172482023




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

                                Case No. : I.A.(Civil)/2921/2023

             R.K. PURNIMA SINGH
             W/O SHRI R.K. RANJIT SINGH,
             D/O LATE NILAI SINGH,
             VILL.- KHALILPAR,
             P.O.- DUDPATIL PART- IV, P.O.- SILCHAR, P.S.- SILCHAR, DIST.- CACHAR,
             ASSAM.


             VERSUS

             R.K. RANJIT SINGH
             S/O LATE CHANDRANI SINGH,
             VILL.- RUPAIBALI,
             P.O.- HAZARIGRAM, P.S.- LAKHIPUR, DIST.- CACHAR, ASSAM, PIN- 788101.


Advocate for the Petitioner   : MR H R CHOUDHURY

Advocate for the Respondent :




                                   BEFORE
                 HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                   HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                           ORDER

Date : 04-10-2023 (M. Zothankhuma, J)

Heard Mr. HR Choudhury, learned counsel for the applicant/wife, who submits that the applicant/wife and the respondent/husband got married on 09.05.2003 and a child was born to them on 15.01.2006. The respondent/husband filed Page No.# 2/3

FC(Civil) 43/2009 before the learned Principal Judge, Family Court, Cachar at Silchar, praying for divorce under Section 13 of the Hindu Marriage Act, 1955. The applicant filed her written statement. However, during the pendency of the above case, the parties came to an amicable settlement and decided not to pursue FC(Civil) 43/2009.

To the surprise of the applicant, the applicant learnt that FC(Civil) 43/2009 had been disposed of vide judgment dated 17.08.2011, by dissolving the marriage between the parties and directed the respondent/husband to pay an amount of Rs.2,00,000/- as permanent alimony to the applicant.

The learned counsel for the applicant submits that the applicant/wife came to know of the impugned judgment dated 17.08.2011 passed in FC(Civil) 43/2009, only after getting a copy of the divorce suit filed by the respondent/husband in FC(Civil) 177/2023 before the court of the learned Principal Judge, Family Court, Cachar, Silchar. He submits that no notice was issued to the applicant in FC(Civil) 177/2023. However, as the applicant had come to know of the pendency of FC(Civil) 177/2023 through other means, she applied for a certified copy of the same on 30.05.2023 and received it on 13.06.2023.

The applicant's counsel thus submits that it has now become necessary for the applicant to make a challenge to the impugned judgment dated 17.08.2011 passed in FC(Civil) 43/2009. He also submits that in all probability, the respondent/husband would also not be knowing that the marriage of the parties had been dissolved, vide the impugned judgment dated 17.08.2011 passed in FC(Civil) 43/2009. He submits that as a challenge is now to be made to the impugned dated 17.08.2011 passed in FC(Civil) 43/2009, the delay of 3649 days has occurred, which is to be condoned.

Issue notice, returnable in 4 (four) weeks.

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The applicant shall take steps for service of notice upon the respondent by registered post with A/D within three days. In addition to the above, the applicant shall also serve notice upon the respondent by dasti service and submit an affidavit of service thereof.

List the matter after 4 (four) weeks.

                                         JUDGE                 JUDGE




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