Apu Paul vs Mousami Paul
2024 Latest Caselaw 5565 Gua

Gauhati High Court

Apu Paul vs Mousami Paul on 5 August, 2024

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GAHC010136342024




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

                                  Case No. : Mat.App./26/2024

            APU PAUL
            S/O LATE GOURANGA PAUL,
            RESIDENT OF HAILAKANDI TOWN, WARD NO. 4, PS AND DIST.
            HAILAKANDI, ASSAM



            VERSUS

            MOUSAMI PAUL
            D/O LATE DHIRENDRA PAUL, RESIDENT OF HAILAKANDI TOWN WARD
            NO. 1, SILCHAR ROAD, NEAR RAIL GATE, PO AND DIST HAILAKANDI,
            ASSAM 788151



Advocate for the Petitioner   : MR. A H M R CHOUDHURY,

Advocate for the Respondent : ,



                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

05.08.2024

Heard Mr. A.H.M.R. Choudhury, learned counsel for the appellant.

This appeal under Section 28 of the Hindu Marriage Act, 1984 is directed against Page No.# 2/2

the judgment and order dated 05.04.2024 passed by the learned Additional District Judge, Hailakandi, in Misc.(J) Case No.09/2019.

It is to be noted here that vide impugned judgment and order dated 05.04.2024, the learned Additional District Judge, Hailakandi, has granted a sum of Rs.4,00,000/- being the permanent alimony, under Section 25 of the Hindu Marriage Act, 1955.

Mr. Choudhury, learned counsel for the appellant submits that earlier the learned Trial Court had granted a sum of Rs.1,80,000/- as the permanent alimony, but against that order the appellant had approached this Court and this Court vide order dated 16.05.2019, in Mat.App. No.25/2018, had remanded the matter back to the learned Trial Court for reconsideration of the same. Thereafter, the learned Trial Court, hearing both the parties had granted a sum of Rs.4,00,000/- being the permanent alimony to the respondent and being aggrieved, the appellant approached this Court by filing the present appeal.

Perused the memo of appeal and the grounds mentioned therein.

Admit.

Let notice be issued to the sole respondent, returnable in 4(four) weeks.

Step be taken by registered post with A/D and also by usual process within a week from today.

Registry shall call for the record from the learned Trial Court.

List the matter after 4(four) weeks.

Sd/- Robin Phukan JUDGE

Comparing Assistant