Xxxxxxxx vs Xxxxxxxx
2023 Latest Caselaw 4367 Gua

                                                                       Page No.# 1/3

GAHC010078402019




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

                                 Case No. : Mat.App./22/2023

             XXXXXXXX
             S/O- MARMESWAR TALUKDAR, PERMANENT ADDRESS- H/NO. 7,
             JAPORIGOG, MANIK NAGAR, P.O. JAPORIGOG, P.S. DISPUR, GUWAHATI-
             781005, DIST.- KAMRUP(M), ASSAM.


             VERSUS

             XXXXXXXX
             W/O- TANAY TALUKDAR, D/O- KHAGEN DAS, R/O- H/NO. 7, JAPORIGOG,
             MANIK NAGAR, P.S. JAPORIGOG, P.S. DISPUR, DIST.- KAMRUP(M), ASSAM,
             GUWAHATI- 781005.



Advocate for the Petitioner   : MR. K BHATTACHARJEE

Advocate for the Respondent :




                                   BEFORE
                 HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 16-10-2023 (M. Zothankhuma, J)

Heard Mr. K Bhattacharjee, learned counsel for the appellant, who submits that he has not been able to ascertain the address of the respondent/wife. He further submits that this Court, vide order dated 21.11.2022 passed in I.A.(Civil) Page No.# 2/3

3456/2022, had allowed the applicant to allow him to publish the notice in Times of India as well as in a local Newspaper "Assam Tribune", which he had done. He submits that in view of the appellant having published the notice in the two newapapers indicated above, the delay of 17 days in filing the appeal against the impugned judgment and order dated 17.12.2018 passed in FC(Civil) Case No. 496/2015, by which the appellant's suit for dissolution of marriage had been rejected, was condoned.

The learned counsel for the appellant submits that as the respondent has not appeared, the matter may be heard ex-parte.

On considering the submissions made by the learned counsel for the appellant, a question had been put to him as to whether maintenance was being paid by the appellant to the respondent/wife. To this, the learned counsel for the appellant submits that maintenance is being deposited every month by the appellant in the Court of the learned Principal Judge, Family Court No. 1, Kamrup (M), Guwahati. However, the respondent/wife has not been collecting the said monthly maintenance being deposited by the appellant. He also submits that a domestic violence case, being Misc. Case (D.V.) 153/2015 was also filed in the court of the learned Chief Judicial Magistrate, Kamrup, Guwahati against the appellant by the respondent/wife, was disposed of vide order dated 18.12.2017.

On considering the submissions made by the learned counsel for the appellant, we are of the view that the case number and the Court in which the monthly maintenance is being paid should be submitted to this Court. The learned counsel for the appellant shall also clarify as to whether the monthly maintenance is being paid in the Court of the learned Principal Judge, Family Court No. 1, Kamrup (M), Guwahati in FC(Civil) Case No. 496/2015. We are also Page No.# 3/3

of the view that the last order passed in Misc. Case (D.V.) 153/2015 should be produced before this Court on the next date.

List the matter on 14.11.2023.

                                       JUDGE              JUDGE




Comparing Assistant