Gauhati High Court
Smt. Pushpa Nath vs Babul Nath on 20 November, 2025
Author: K.R. Surana
Bench: Kalyan Rai Surana
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GAHC010173802019
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Mat.App./51/2019
SMT. PUSHPA NATH
W/O- BABUL NATH, D/O- LATE PRAFULLA CHANDRA NATH, R/O-
SABASPUR (NATH BASTI) GHUNGOOR, P.O. UTTAR KRISHNAPUR PART-IV,
P.S. SILCHAR, DIST.- CACHAR, ASSAM, PIN- 788014.
VERSUS
BABUL NATH
S/O- LATE CHAKRADHAR NATH, R/O- VILL.- NARSINGPUR, SINGARI, P.S.
SONAI, P.O. NARSINGPUR, DIST.- CACHAR, ASSAM, PIN- 788015.
Advocate for the Petitioner : MR. K K DEY, MR. L R MAZUMDER,MR. A ISLAM,MR V K
BAROOAH
Advocate for the Respondent : MR. S ROY, MR. M H LASKAR
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 20.11.2025
(K.R. Surana, J)
Heard Mr. L.R. Mazumdar, learned counsel for the appellant and Mr. S. Roy,
learned counsel for the respondent.
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2. The learned counsel for both sides have submitted that an out of
Court settlement process is going on between the parties for which prayer for
adjournment has been made.
3. On a query of the Court as to the nature of settlement process, which
is going on, it is submitted that the issue relates to the quantum of permanent
alimony.
4. From the deliberations of both the learned counsel, it appears that the
appellant is seeking a permanent alimony of around Rs.20.00 lakh and the
respondent is negotiating for a permanent alimony of Rs.5.00 lakh.
5. On a query of the Court, it is submitted that the mediation process has
taken place earlier which has failed. It has also come to the notice of the Court
from the deliberations made by the learned counsel for the parties that the
minor child of the parties is presently in the custody of the respondent. In the
meanwhile, the respondent has married again in the year 2020 and he is
praying a sum of Rs.4,000/- per month as maintenance to the appellant.
6. At this stage, the learned counsel for the parties were asked to speak
to their respective parties as to the settlement process between them. Upon
instructions, the learned counsel for both sides have submitted that around one
month further time would be required for arriving at settlement between the
parties out of the Court.
7. Notwithstanding that the deliberations in the Court as indicated above
has been recorded, but on a perusal of the materials available on record, it
appears that the appellant by way of this appeal has assailed the judgment and
order dated 11.06.2019 passed by the learned Principal Judge, Family Court,
Silchar in FC(C) 124 of 2014, by which an application under Section 13(1)(ib) of
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the Hindu Marriage Act was decided against the appellant with a decree of
dissolving the marriage of the parties.
8. Therefore, though the issue of any permanent alimony or maintenance
is not the seisin of this Court, in order to enable the parties to arrive at a
negotiated settlement, the matter stands adjourned today.
9. In the event both sides desire to seek assistance of the Gauhati High
Court Mediation Centre for mediation, the parties are permitted to appear
before the Gauhati High Court Mediation Centre on any working day between
11.00 AM to 3.00 PM and by producing a certified copy of this order, request the
Secretary, Gauhati High Court Mediation Centre to appoint a learned Trained
Mediator to make an attempt to mediate all the disputes between the parties. It
is desirable that the learned counsel for both sides shall interact with each other
before making a formal request for mediation so that both parties would appear
before the Gauhati High Court Mediation Centre without fail.
10. The learned counsel for both sides shall transmit a copy of this order to
the parties to bring the order to the notice of the parties.
11. List the matter for hearing on 27.01.2026.
JUDGE JUDGE
Comparing Assistant
