R/O Pub Santipur Nagar vs Chandana Dutta
2024 Latest Caselaw 94 Gua

Gauhati High Court

R/O Pub Santipur Nagar vs Chandana Dutta on 8 January, 2024

Author: M. Zothankhuma

Bench: Michael Zothankhuma, Malasri Nandi

                                                         Page No.# 1/3

GAHC010268542023




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

                           Case No. : Mat.App./52/2023


         UJJAL DUTTA
         S/O LATE KHAGENDRA NARAYAN DUTTA

         R/O PUB SANTIPUR NAGAR
         NIZARAPATH KAHILIPARA
         GHY- 19
         P.O.- KAHILIPARA
         DIST.- KAMRUP (M)
         ASSAM.


          VERSUS

         CHANDANA DUTTA
         D/O ROBIN DUTTA

         VILL.- KHUDRA SANKARI

         P.O.- TERESIA
          P.S.- NALBARI
          DIST.- NALBARI
         ASSAM.


         ------------
         Advocate for : MR S KHOUND
         Advocate for : appearing for CHANDANA DUTTA



                              BEFORE
            HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
               HONOURABLE MRS. JUSTICE MALASRI NANDI
                                                                       Page No.# 2/3


                                    ORDER

08.01.2024 (M. Zothankhuma, J)

Heard Mr. S. Khound, learned counsel for the appellant.

This is an appeal under Section 28(1)(2) of the Hindu Marriage Act, 1955 against the judgment and decree dated 12.06.2023, passed by the learned Principal Judge, Family Court, Nalbari in MS (D)/117/2021, by which the respondent wife's suit under Section 13(1) of the Hindu Marriage Act, 1955 was disposed off, by dissolving the marriage between the parties. Further, the appellant husband was directed to pay Rs.2,00,000/- towards permanent alimony to the respondent wife in four instalments.

Notice was issued to the respondent wife. As per office note dated 15.12.2023, the respondent wife has remarried and moved to a new location. Office note dated 15.12.2023 passed in this appeal is reproduced hereinbelow-

"15-12-2023

Service report of sole respondent has been received back stating that notice could not be served as the respondent got married to Sri Mukul Adhikari of Sarthebari Barkapla and moved thereto. It has been deposed and signed by brother of the respondent in the notice. The same is placed on record.

Records have been received from Ld. Principal Judge, Family Court, Nalbari vide memo no. FC NLB/28/2020/743 dated: 07.11.2023 containing 5 files. The same are tagged with the record."

The appellant's counsel submits that as the respondent wife has already remarried, the appeal would be restricted only to the extent of challenging the payment of alimony of Rs.2,00,000/-, inasmuch as, the appellant does not make that much money being a hawker.

On perusing the contents of the I.A. (Civil) No.3735/2023, we find that the Page No.# 3/3

appellant husband has paid a sum of Rs.50,000/- towards permanent alimony

as the 1st instalment and the Principal Judge, Family Court, Nalbari has passed the order dated 04.11.2023 in MJ(D):117/11, fixing 04.12.2023 for payment of the same towards the respondent wife.

In view of the above, we direct the Principal Judge, Family Court, Nalbari to give a report as to whether the sum of Rs.50,000/- has been released to the respondent wife and as to whether the respondent wife is aware of the pendency of this appeal.

List the matter after 4(four) weeks.

                      JUDGE                                JUDGE



Comparing Assistant