Page No.# 1/3 vs Xxxxxxxxx
2025 Latest Caselaw 7817 Gua

Gauhati High Court

Page No.# 1/3 vs Xxxxxxxxx on 15 October, 2025

Author: M. Zothankhuma

Bench: Michael Zothankhuma

                                                                                     Page No.# 1/3

GAHC010011202020




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

                                   Case No. : Mat.App./11/2024

              XXXXXXXXX
              Smti Bornali Gogoi
              Aged about 24 years ,
              Wife of Sri Pranabjyoti Gogoi,
              Resident of Thuramukh Liskon Gaon,
              P.O.- Morongi, Mouza-Morongi, P.S-Golaghat,Assam, PIN-785702, Phone No.
              6001665139..

              VERSUS

              XXXXXXXXX
              Pranabjyoti Gogoi
              Son of Sri Biren Gogoi,
              Resident of- Bandha Mandit Path, No. 2 Kenduguri, P.O-Narengi
              P.S-Noonmati, Dist. Kamrup (M), Assam,
              Pin-781026
              Mobile No. 8876319391

Advocate for the Petitioner    : MR. L K BORAH, MR. J PAWE

Advocate for the Respondent : RESPONDENT IN PERSON,


                                        BEFORE
                      HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                        HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                             ORDER

Date : 15.10.2025 (M. Zothankhuma, J)

Mr. L. K. Bora, learned counsel appears for the appellant wife, while the respondent husband is present in person.

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2. The present appeal has been filed by the appellant wife against the ex- parte judgment and decree dated 29.07.2019, passed by the learned Principal Judge, Family Court No. 1, Kamrup (M), Guwahati in F.C.(Civil) Case No. 831/2018, by which the respondent's prayer for a decree of restitution of conjugal rights has been allowed.

3. During the pendency of the present appeal, the Court of the Addl. District Judge at Golaghat has granted a divorce decree to the appellant wife in Title Suit (M) No. 24/2021, vide judgment and decree dated 19.05.2025 under Section 13(1-A)(ii) of the Hindu Marriage Act, 1955. Further, the learned Addl. District Judge was also aware of the decree for restitution of conjugal rights granted in F.C.(Civil) Case No. 831/2018, at the time of disposal of Title Suit (M) No. 24/2021.

4. As per Section 13(1-A)(ii) of the Hindu Marriage Act, 1955, a marriage can be dissolved by a decree of divorce, after presenting a petition for dissolution of the marriage, on the ground that there has been no restitution of conjugal rights between the parties to the marriage, for a period of one year or upwards, after the passing of a decree for restitution of conjugal rights in the proceedings to which they were parties.

5. The learned counsel for the appellant submits that as a decree for divorce has been granted by the Court of the Addl. District Judge at Golaghat, in terms of Section 13(1-A)(ii) of the Hindu Marriage Act, he would like to withdraw the present appeal, as the same had become infructuous.

6. The prayer of the learned counsel for the appellant is allowed.

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7. The appeal is accordingly dismissed, as withdrawn.

8. Send back the TCR.

                               JUDGE                        JUDGE




Comparing Assistant