Smti Gitanjali Ray vs Bhupendra Ray
2024 Latest Caselaw 99 Gua

Gauhati High Court

Smti Gitanjali Ray vs Bhupendra Ray on 8 January, 2024

Author: M. Zothankhuma

Bench: Michael Zothankhuma, Malasri Nandi

                                                                       Page No.# 1/2

GAHC010073422023




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

                                 Case No. : Mat.App./71/2023

            Smti Gitanjali Ray
            D/O BIRENDRA DAS, W/O BHUPENDRA CH. RAY, VILL.- UTTAR
            GANAKPURI, P.O.- SORBHOG, DIST.- BARPETA, PIN- 781317, ASSAM.
            PRESENTLY RESIDING AT NO. 1 MATHGHARIA, PATHAR QUARY, P.O.-
            UDAYAN VIHAR, P.S.- NOONMATI, DIST.- KAMRUP METRO, GUWAHATI-
            781171, ASSAM.



            VERSUS

            Bhupendra Ray
            S/O LATE KHAGENDRA CH. RAY, VILL.- AHOM PATHAR, P.S.- SORBHOG,
            DIST.- BARPETA, PIN- 781317, ASSAM.



Advocate for the Petitioner   : MR. S SINHA

Advocate for the Respondent :




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

                                          ORDER

08.01.2024 (M. Zothankhuma, J)

Mr. S. Sinha, learned counsel appears for the appellant wife.

Page No.# 2/2

This appeal is against the impugned judgment and order dated 14.02.2023, by which the respondent husband's suit for dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955 was allowed.

Mr. U.B. Sarma, learned counsel appearing for the respondent husband submits that the appeal had not been filed within the time limit and had been filed only on 28.03.2023. He submits that after the time limit of fling the appeal had expired, the respondent husband had married another person and as such, this appeal would have to be dismissed.

As no affidavit has been filed by the respondent husband with supporting documents to show that he had married another, he is granted 2 (two) weeks' time to file affidavit to show that he has married another person.

List the matter after two weeks.

                       JUDGE                    JUDGE




Comparing Assistant