Xxxxxxxx vs Xxxxxxxx
2023 Latest Caselaw 4183 Gua

                                                                      Page No.# 1/3

GAHC010133052021




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

                                 Case No. : Mat.App./17/2021

            XXXXXXXX
            S/O- LATE BISHNUPADA DAS, R/O- SHANTIPARA, RONGPUR, P.O. AND P.S.
            SILCHAR, DIST. CACHAR, ASSAM



            VERSUS

            XXXXXXXX
            W/O- SRI BIKRAMJIT DAS, D/O- LATE NIDHU RANJAN DAS OF
            SHANTIPARA, RONGPUR, P.O. AND P.S. SILCHAR, DIST.- CACHAR, ASSAM
            AND AT PRESENT RESIDING AT C/O- SMTI. UMA DAS, W/O- LATE
            SAMIRAN DAS AT SUBASH NAGAR, SILCHAR-4, P.S. SILCHAR, DIST.
            CACHAR, ASSAM



Advocate for the Petitioner   : MR R DHAR

Advocate for the Respondent : MS. S B CHOUDHURY
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                                   BEFORE
                 HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                   HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                    ORDER

09.10.2023 (M. Zothankhuma, J)

Mr. U. Ghosh, learned counsel appearing on behalf of Mr. D. P. Borah, learned counsel for the appellant prays for more time to file an affidavit stating the assets and liabilities of the appellant, in terms of the judgment passed by the Hon'ble Supreme Court in the case of Rajnesh Vs. Neha reported in (2021) 2 SCC 324.

The parties had appeared before us on 19.07.2023. However, as the appellant was not willing to take back the respondent, no conciliation could be made between the parties. Subsequent to 19.07.2023, the matter has been hanging fire. Though, the respondent had submitted an affidavit dated 24.08.2023, stating her assets and liabilities, on the other hand, the appellant has not yet submitted any affidavit till date.

We are disappointed with the manner in which the appellant is not taking the order(s) of this Court seriously and as the appellant has been giving only Rs.7,000/-(Rupees seven thousand) only as a maintenance to the respondent till date, we are of the view that the same needs to be reconsidered. Accordingly, the revision/enhancement of the monthly maintenance paid to the respondent will be considered in I.A.(C) No.2365/2023.

In view of above, the appellant is given one last chance to file his assets and liabilities, in terms of the judgment rendered by the Hon'ble Supreme Court in the case of Rajnesh (Supra).

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List the matter again on 09.11.2023.

                      JUDGE                  JUDGE




Comparing Assistant