Gauhati High Court
Page No.# 1/3 vs Swapna Das @ Jumi Das on 22 January, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/3
GAHC010119812024
2025:GAU-AS:670
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/197/2024
BISWAJIT DAS
S/O SRI SUJIT KUMAR DAS,
RESIDENT OF QUARTER NO. 49/B, W.W. COLONY, PANDU, PO PANDU, PS
JALUKBARI, GUWAHATI 781012, DIST KAMRUP M ASSAM
VERSUS
SWAPNA DAS @ JUMI DAS
W/O SRI BISWAJIT DAS,
D/O BINOY BISWAS,
RESIDENT OF QUARTER NO. 49/B, W.W. COLONY, PANDU, PO PANDU, PS
JALUKBARI, GUWAHATI 781012, DIST KAMRUP M ASSAM
NOW RESIDENT OF VILLAGE PANCHAGARH, WARD NO. 6, FAKIRGRAM
TOWN, PS FAKIRAGRAM, DIST KOKRAJHAR, BTR, ASSAM
For the Petitioner(s) : Ms. A. Borah, Advocate
For the Respondent(s) : Mr. B. Islam, Advocate
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 22.01.2025
Heard Ms. A. Borah, the learned counsel appearing on behalf of the
Petitioner and Mr. B. Islam, the learned counsel appearing on behalf of
the Respondent.
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2. This is an application filed under Article 227 of the Constitution
challenging the order dated 15.05.2024 passed by the learned Principal
Judge, Family Court No.2, Kamrup (M) at Guwahati in Misc. (J) Case
No.108/2023 whereby the application under Order IX Rule 13 of the
Code of Civil Procedure, 1908 praying for setting aside the ex-parte
judgment and decree dated 11.07.2023 passed in F.C. (Civil) Case
No.1483/2022 was allowed.
3. This Court has duly perused the impugned order and from the said
order, it transpires that the learned Trial Court had duly considered the
evidence on record and came to an opinion that the Respondent herein
who had filed the application was prevented by sufficient cause from
appearing in F.C. (Civil) Case No.1483/2022.
4. The learned Principal Judge, Family Court No.2, Kamrup (M) further
duly taken note of that the dispute between the parties is matrimonial in
nature and the suit was filed for dissolution of the marriage and as such
the Respondent in the said proceedings was entitled to get an
opportunity to present her case.
5. This Court does not find any infirmity in the said order to exercise
the powers under Article 227 of the Constitution for which the instant
petition stands dismissed.
6. This Court has duly taken note of that vide an order dated
19.06.2024, this Court had stayed the operation of the impugned order
dated 15.05.2024. Taking into account that the instant petition has been
dismissed for the reasons stated hereinabove, this Court directs both the
parties to appear before the Court of the learned Principal Judge, Family
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Court No.2, Kamrup (M) at Guwahati on 24.02.2025.
7. On the said date, the Respondent herein who is the Respondent in
the proceedings before the learned Trial Court shall file her written
statement without fail.
JUDGE
Comparing Assistant
