Gauhati High Court
Page No.# 1/4 vs Smti Sangita Borah Baruah on 19 August, 2025
Page No.# 1/4
GAHC010013312017
2025:GAU-
AS:10965-DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Mat.App./9/2017
SRI MRIDUL BARUAH
S/O LATE TIPASWAR BARUAH, TIPLING BORA GANDHI GAON, P.O.
JALONI, DIBRUDUWAR, P.S. DULIAJAN, DIST. DIBRUGARH, ASSAM, PIN
786602
VERSUS
SMTI SANGITA BORAH BARUAH
W/O SRI MRIDUL BARUAH, D/O SRI BIDYADHAR BORAH, R/O NO. 4,
MAKUM PATHAR, P.O. and P.S. MARGHERITA, DIST. TINSUKIA, ASSAM, PIN
786181
Advocate for the Appellant : MR D KALITA,MS.P CHETIA
Advocate for the Respondent : MS. R D MOZUMDAR,
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BEFORE
HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
19.08.2025
Heard Mr. D. Kalita, learned counsel for the appellant. Also heard Ms. R. D.
Mazumdar, learned counsel for the respondent.
2. The present appeal under Section 28 of the Hindu Marriage Act, 1955 has
been filed by the appellant challenging the impugned Judgment and Decree
dated 30.11.2015 passed by the learned Additional District Judge-I, Tinsukia in
T.S. (M) Case No. 65/2013, whereby the marriage solemnized between the
appellant/husband and respondent/wife was dissolved by a decree of divorce,
and permanent alimony of Rs. 3,00,000/- (Rupees three lakhs) only was
awarded in favor of the present respondent/wife.
3. The facts leading to the filing of this appeal are that the present
respondent/wife, as the plaintiff, instituted divorce proceedings against the
defendant, i.e., the present appellant/husband, alleging non-consummation of
the marriage due to the appellant's incapacity and cruelty meted out to her.
Upon consideration of the pleadings and evidence, including medical documents
placed before the learned Trial Court, the suit was decreed and the marriage
between the plaintiff/respondent and the defendant/appellant was dissolved.
The Court also awarded Rs. 3,00,000/- (Rupees three lakhs) only towards
permanent alimony.
4. The appellant has filed the present appeal challenging the decree of
divorce dissolving the marriage between him and the respondent. The appellant
has also challenged the award of permanent alimony, contending that the same
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was granted without any application under Sections 24/25 of the Hindu
Marriage Act and without affording him any opportunity to file objections or
defense evidence. According to the appellant, the quantum of alimony is based
on assumption, presumption, and conjecture, without any supporting evidence.
5. However, at the stage of hearing, the learned counsel for the appellant
fairly submitted that the appellant is not pressing the challenge against the
decree of divorce and is restricting his grievance only to the award of
permanent alimony of Rs. 3,00,000/- (Rupees three lakhs) only in favor of the
respondent.
6. The learned counsel for the respondent, on the other hand, drew the
attention of this Court to the order dated 27.01.2023 passed by the Division
Bench of this Court in the present appeal, whereby the appellant was directed
to deposit Rs. 1,50,000/- (Rupees One lakh fifty thousand) only with the
Registry within 4 (four) weeks, which amount was permitted to be withdrawn by
the respondent/wife.
7. In this regard, Mr. Kalita, learned counsel for the appellant has submitted
that he had communicated the order and direction of the Court to the appellant
for necessary compliance; however, despite due intimation, the appellant has
not complied with the order. He further submits that now he has lost contact
with his client; however, he fairly submits that considering the facts and
circumstances of the case, the matter may be disposed of on merit.
8. Having considered the submissions and the overall facts and
circumstances of the case, it is noted that the decree of divorce was passed in
the year 2015. The appeal has remained pending since 2017. The
respondent/wife has been living separately since 2012, and she required to
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maintain herself. The award of Rs. 3,00,000/- as permanent alimony granted by
the learned Trial Court cannot be said to be excessive or unreasonable,
particularly in light of the present-day cost of living.
9. In view of the above observations, this Court finds no reason to interfere
with the discretion exercised by the learned Trial Court in awarding Rs.
3,00,000/- (Rupees three lakhs only) as permanent alimony in favor of the
respondent/wife. Accordingly, this appeal, being devoid of merit, stands
disposed of.
10. Further, the appellant is directed to deposit the balance amount of
permanent alimony, as ordered by the learned Trial Court, within a period of 3
(three) months from the date of receipt of this order, before the Registry of this
Court. Upon deposit, the Registry shall release the amount in favor of the
respondent/wife upon due identification by the learned counsel for the
respondent. It is made clear that, in case of default, the respondent has the
liberty to execute the decree before the competent forum in accordance with
law.
11. With the above observation, this appeal stands disposed of. No order as to
costs.
JUDGE
Comparing Assistant
