Xxxxxx vs Xxxxxx
2025 Latest Caselaw 2000 Gua

Gauhati High Court

Xxxxxx vs Xxxxxx on 5 August, 2025

Author: M. Zothankhuma

Bench: Michael Zothankhuma

                                                                          Page No.# 1/3

GAHC010017392025




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

                                 Case No. : Mat.App./9/2025

            XXXXXX
            D/O DILIP BORAH, R/O- BAMPROBOTIA,
            BHUPEN DEKA PATH, P.O- TEZPUR,
            P.S.- LALMATI O.P. DIST- SONITPUR, ASSAM, PIN-784001

            VERSUS

            XXXXXX
            S/O- SAURAV DAS, R/O- MEDHIKUCHI, SONAPUR,
            P.O.AND P.S.- SONAPUR,
            DIST.- KAMRUP METRO, ASSAM, PIN-784001

Advocate for the Petitioner   : MR S DUTTA, MS J BORAH

Advocate for the Respondent : MS T GHOSH, MS R R MUZIB


                                BEFORE
              HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                HONOURABLE MR. JUSTICE ANJAN MONI KALITA
                                 ORDER

Date : 05.08.2025 (M. Zothankhuma, J)

Heard Mr. S. Dutta, learned counsel for the appellant and Ms. R. R. Muzib, learned counsel for the respondent husband.

2. This appeal has been filed against the impugned Judgment dated 22.11.2024 and Decree dated 25.11.2024, passed by the learned Principal Page No.# 2/3

Judge, Family Court-II, Kamrup (M), Guwahati in FC(Civil) Case No. 961/2023, by which the present appellant has been directed to resume her conjugal life with the respondent husband within three months from the date of the order.

3. The counsel for the appellant submits that in the meantime, a case filed by the appellant wife for grant of a divorce decree, is pending in the Court of learned District Judge, Sonitpur, vide TS(Met) No. 37/2024. He accordingly submits that the present impugned Judgment dated 22.11.2024 and Decree dated 25.11.2024 should be stayed in the meantime.

4. Ms. R. R. Muzib, learned counsel for the respondent husband submits that the respondent husband was ready to have amicable talks with the appellant with regard to her prayer for a divorce decree. However, the appellant is not forthcoming and as such, it is very difficult to have a settlement with the appellant.

5. At this stage, Mr. S. Dutta, learned counsel for the appellant submits that he will advise the appellant to initiate talks with the respondent husband, with regard to the dispute between them, in the Court of learned District Judge, Sonitpur.

6. Ms. R. R. Muzib, learned counsel for the respondent husband submits that the respondent husband is ready for talks at any time.

7. On considering the above, the impugned Judgment dated 22.11.2024 and Decree dated 25.11.2024, passed by the learned Member, Family Court, Kamrup Page No.# 3/3

(M), Guwahati in FC(Civil) Case No. 961/2023 is stayed till the next date.

8. Admit the appeal.

9. Call for the TCR.

10. List this matter on 10.09.2025.

11. In the meantime, the parties shall make an attempt to settle the dispute between themselves.

                             JUDGE                                   JUDGE




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