Abani Das vs Suravi Das
2025 Latest Caselaw 4711 Gua

Gauhati High Court

Abani Das vs Suravi Das on 20 August, 2025

Author: M. Zothankhuma

Bench: Michael Zothankhuma

                                                                           Page No.# 1/2

GAHC010154052021




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

                               Case No. : Mat.App./26/2021

             ABANI DAS
             S/O- SARAT CH. DAS, R/O- VILL.- AND P.O. BARAZARA, P.S. AND DIST.-
             NALBARI, ASSAM

             VERSUS

             SURAVI DAS
             D/O- RAJANI DAS, R/O- AMINGAON MADHYAM (NEAR SBI BRANCH), P.O.
             AMINGAON, P.S. JALUKBARI, DIST.- KAMRUP(M), ASSAM AND
             PRESENTLY RESIDING AT VILLAGE AND P.O. BARAZARA, P.S. AND DIST.-
             NALBARI, ASSAM

Advocate for the Petitioner : MR. R MAZUMDAR, MR S SARMAH,MR. S HAZARIKA,MR B
KAUSHIK,MR. U SARMA,MR H BEZBARUA

Advocate for the Respondent : MR. M MAHANTA , MR. U K BARMA,MS. S MAHANTA

                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                  HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                        ORDER

20.08.2025 (M. Zothankhuma, J)

The present petition for a decree of judicial separation has been made under Section 10 of the Hindu Marriage Act 1955 (hereinafter referred to as the "Act of 1955"), basically on the ground of cruelty, as provided in Section 13 (1)(ia) of the Act of 1955. The appellant had initially filed T.S.(M) No.22/2015 before the Page No.# 2/2

Court of the District Judge, Nalbari, praying for a decree of dissolution of marriage with the respondent wife under Section 13 of the Act of 1955. The specific ground for dissolution of marriage made by the appellant was that the appellant had been treated with cruelty by the respondent wife. T.S.(M) No.22/2015 was however dismissed, vide judgment dated 17.02.2017, wherein the District Judge held that the appellant had failed to substantiate the allegation of cruelty against the respondent wife.

The judgment dated 17.02.2017 passed in T.S.(M) No.22/2015 by the District Judge, Nalbari was put to challenge before this Court, vide Mat.App. 74/2017. However, the same was dismissed, vide judgment dated 19.07.2018.

The appellant thereafter filed F.C.(Civil) 131/2019 before the Principal Judge, Family Court, Nalbari, praying for judicial separation under Section 10 of the Act of 1955, on the ground that the appellant had been treated with cruelty by the respondent wife. F.C.(Civil) 131/2019 was dismissed, vide judgment dated 24.03.2021. Thus, the present appeal has been filed.

The counsels for the parties submit that they will provide citations on the next date, with regard to whether an application under Section 10 of the Act of 1955 for judicial separation on the grounds of cruelty can be considered, when the appellant's earlier case for dissolution of marriage under Section 13 of the Act of 1955 on grounds of cruelty by the respondent wife had already been dismissed.

List the matter on 04.09.2025.

                                     JUDGE                      JUDGE

Comparing Assistant