Kanchan Mala Das vs Shyamal Chandra Das
2024 Latest Caselaw 93 Gua

Gauhati High Court

Kanchan Mala Das vs Shyamal Chandra Das on 8 January, 2024

Author: M. Zothankhuma

Bench: Michael Zothankhuma, Malasri Nandi

                                                                   Page No.# 1/3

GAHC010278692023




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

                                Case No. : I.A.(Civil)/3807/2023

            KANCHAN MALA DAS
            W/O SHYAMAL CH. DAS, PRESENTLY RESIDING IN THE CAMPUS OF
            GOVT. HAFLONG COLLEG, PO AND PS HAFLONG, DIST DIMA HASAO,
            ASSAM 788819



            VERSUS

            SHYAMAL CHANDRA DAS
            S/O LATE RASARAJ DAS GOVT. HAFLONG COLLEGE, PO , PS HAFLONG,
            DIST DIMA HASAO, ASSAM 788819

            2:THE OFFICE OF THE GOVT. HAFLONG COLLEGE
             PO AND PS HAFLONG
             DIST DIMA HASAO
            ASSAM 78881

Advocate for the Petitioner   : MR G DAS

Advocate for the Respondent :




             Linked Case :

            XXXXXXX



             VERSUS
                                                                       Page No.# 2/3

           XXXXXXX



           ------------
           Advocate for : MR G DAS
           Advocate for : appearing for XXXXXXX



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

                                       ORDER

08.01.2024 (M. Zothankhuma, J)

Heard Mr. G. Das, learned counsel for the applicant/appellant, who submits that there is a delay of 1121 days in filing the appeal against the impugned judgment dated 28.08.2018, passed by the Principal Judge, Family Court, Cachar, Silchar in F.C. (C) Case No.21/2018.

The case of the applicant/appellant is that the respondent husband had filed F.C. (C) Case No.21/2018 under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955 against the applicant/appellant wife for dissolving the marriage.

The applicant/appellant wife being a resident of Haflong approached this Court by Tr.P. (C) No.11/2018, praying for transfer of the case from Cachar to Haflong. This Court vide order dated 12.03.2018 passed in Tr.P. (C) No.11/2018 stayed further proceedings in F.C.(C) No.21/2018. Despite the stay order passed by this Court, the Family Court, Cachar, Silchar disposed of F.C.(C) No.21/2018 vide order dated 28.08.2018, by dissolving the marriage and issuing a Decree of Divorce.

Tr.P. (C) No.11/2018 was finally disposed off by this Court vide order dated Page No.# 3/3

01.12.2020, by directing transfer of the divorce case from the Family Court at Cachar to the Family Court at Haflong.

The applicant/appellant wife's case is that though the respondent husband was aware of the pendency of the Tr.P.(C) No.11/2018 as can be seen from the order dated 14.05.2020 passed by this Court, this Court was not informed that F.C.(C) No.21/2018 had been disposed off on 28.08.2018.

Issue notice returnable in 4(four) weeks.

The applicant to take steps for service of notice on the respondents by registered post with A/D within 3(three) days.

List the matter after 4(four) weeks.

             JUDGE                                   JUDGE




Comparing Assistant