Jiten Neog vs Rituparna Neog
2026 Latest Caselaw 26 Gua

Gauhati High Court

Jiten Neog vs Rituparna Neog on 5 January, 2026

Author: M. Zothankhuma

Bench: Michael Zothankhuma

                                                                         Page No.# 1/3

GAHC010004492017




                                                                  undefined

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

                                  Case No. : Mat.App./52/2018

            JITEN NEOG
            SON OF LATE PHANIDHAR NEOG
            PRESENTLY RESIDING AT HOUSE NO 2 , LALMATI, DURGA MANDIR,
            MILAN NAGAR, BYE LANE 1, GUWAHATI PS BASISTHA , KAMRUP M
            PERMANENT ADDRESS
            GHORAMARA, SANKAR NAGAR H. NO 6, PO BELTOLLA, GUWAHATI
            DISTRICT KAMRUP M , ASSAM



            VERSUS

            RITUPARNA NEOG
            D/O BIREN HAJARIKA
            GHORAMARA, SANKAR NAGAR H. NO 6, PO BELTOLLA, GUWAHATI
            DISTRICT KAMRUP M , ASSAM



Advocate for the Petitioner   : MR. M K SHARMA, MR R SINGHA,MR. U K NAIR,MR. M K
DAS

Advocate for the Respondent : ,
                                                                Page No.# 2/3




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

                             ORDER

05.01.2026 (M. Zothankhuma, J)

Heard Mr. R. Singha, learned counsel for the appellant.

No one appears for the respondent/wife.

The mediator's report dated 08.12.2025 is to the effect that mediation could not be initiated in view of the fact that the respondent/wife did not appear in the proceedings.

The order dated 10.03.2022 passed by this court shows that notice has been served upon the respondent/wife.

The appellant/husband's case is that the judgment dated 24.08.2017, passed by the learned Family Court rejecting the application under Section 13(1)(i), (i-a), (iii) of the Hindu Marriage Act, 1955 seeking dissolution of marriage should be set aside. He submits that the parties have been residing separately since the year 2012. As such, due to long separation, it can be said that there has been an irretrievable breakdown of marriage, for which the divorce decree should have been granted by the learned Family Court, Kamrup(M). In this regard he has relied upon the judgment of the Supreme Court in the case of Samar Ghosh vs. Jaya Ghosh reported in (2007) 4 SCC 511 (para 103-105). He has also relied upon the Delhi High Court judgment in the case of Nikhil Wadhawan vs. Priti Wadhawan reported in 2024 SCC OnLine Del 831 (para 37). The appellant's further case is that the criminal case was Page No.# 3/3

foisted upon the appellant by the respondent/wife under Sections 341- 323-506 of the IPC. However, the appellant was acquitted in the said case, which was registered as G.R. Case No. 11111/2012 vide judgment dated 20.02.2023 passed by the JMFC, Kamrup (M).

The learned counsel submits that he needs further time to bring on record some more citations, on considering the fact that in some judgments of the Supreme Court, i.e., Satish Sitole vs. Ganga (SMT), reported in (2008) 7 SCC 734 and Mangayakarasi vs. M. Yuvaraj reported in (2020) 3 SCC 786, divorce has been granted on the basis of irretrievable breakdown of marriage by applying Article 142 of the Constitution of India.

The prayer of the appellant's counsel is allowed.

List the matter on 29.01.2026.

                            JUDGE                          JUDGE




Comparing Assistant