Mithinga Kumar Narzary vs Meera Basumatary
2025 Latest Caselaw 8308 Gua

Gauhati High Court

Mithinga Kumar Narzary vs Meera Basumatary on 4 November, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010214702025




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

                               Case No. : I.A.(Civil)/3231/2025

            MITHINGA KUMAR NARZARY
            SON OF LATE RENJEN NARZARY AND HIMANI NARZARY, R/O BYE LANE
            4, RAJIV GANDHI PATH, KOINADHARA, GUWAHATI-781022, KAMRUP (M),
            ASSAM



            VERSUS

            MEERA BASUMATARY
            DAUGHTER OF RAMJEE SINGH AND KAUSHALYA BASUMATARY,
            RESIDENT OF HOUSE NO.20, 3 JYOTI PATH, JANAKPUR, KAHILIPARA,
            GUWAHATI-781019, P.S.- DISPUR, DISTRICT- KAMRUP(M), ASSAM. MOBILE
            NO. 8876739549



Advocate for the Petitioner   : MR S N KRISHNATRAYA, MAYUR DAS

Advocate for the Respondent : MS. N CHOUDHURY,




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                    HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                          ORDER

Date : 04.11.2025 [M. Choudhury, J]

Heard Mr. S.N. Krishnatraya, learned counsel for the applicant-appellant and Ms. N. Choudhury, learned counsel for the opposite party-respondent.

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2. The instant application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 56 days, which delay has occurred in preferring the accompanying appeal under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 to assail a Judgment and Order dated 28.05.2025 and a Decree dated 18.06.2025 passed by the Court of learned Principal Judge, Family Court-I, Kamrup [Metro] at Guwahati ['the Family Court', for short] in F.C. [Civil] Case no. 378/2022 whereby the petition for dissolution of marriage, preferred by the appellant herein, has been dismissed on contest.

3. We have gone through the statements and averments made in the instant application, more particularly, Paragraphs 5 to 10 thereof.

4. Ms. Choudhury, learned counsel appearing for the opposite party-respondent has submitted that the opposite party-respondent has no objection if after condoning the period of delay, the accompanying appeal is heard on merits.

5. Having gone through the statements and averments made in this application, we are of the considered view that the applicant-appellant has been able to explain the period of delay of 56 days showing sufficient cause.

6. Taking note also of the submission made by the learned counsel for the opposite party-respondent, the instant application seeking condonation of delay of 56 days in preferring the accompanying appeal is allowed.

7. The Registry to register the connected appeal and thereafter, list the same in the admission column.

8. Mr. Krishnatraya, learned counsel for the applicant-appellant shall furnish a copy of the memorandum of appeal to Ms. Choudhury during the course of the day.

9. The Registry to reflect the name of Ms. N. Choudhury, learned counsel for the opposite party-respondent in the Cause-List, at the time of listing of the appeal for admission.

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JUDGE JUDGE

Comparing Assistant