Citation : 2026 Latest Caselaw 287 Gua
Judgement Date : 21 January, 2026
Page No.# 1/3
GAHC010002462026
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/88/2026
SMT PAPIYA SAHA ROY
ESTRANGED W/O SRI AMIT VIKRAM ROY, D/O SRI KRISHNA SAHA, R/O
NONGRIMBAH, LAITUMKHRAH, P.O. AND P.S.- LAITUMKHRAH,
SHILLONG, PIN-793003, MEGHALAYA. NOW R/A WARD NO. 31, SUBASH
NAGAR, P.O.- EAST PRATAPGARH, P.S.- EAST AGARTALA, WEST TRIPURA,
PIN-799004
VERSUS
AMIT VIKRAM ROY
S/O SRI NIRMAL KUMAR ROY, R/O HOUSE NO.1, KALAPAHAR, NEAR
CYCLE FACTORY, OPPOSITE GANESH PAATHOR, P.S.- FATASIL AMBARI,
GUWAHATI, PIN-781018, ASSAM
Advocate for the Petitioner : MS. M DEV, MS N DEB,MS P DEB
Advocate for the Respondent : ,
Linked Case : C.APPLN/0/0
SMTPAPIYA SAHA ROY
ASSAM
VERSUS
Page No.# 2/3
SRI AMIT VIKRAM ROY
ASSAM
------------
Advocate for : MS ANGANA DAS
Advocate for : appearing for SRI AMIT VIKRAM ROY
Linked Case : MAF(T)/0/0
SMTPAPIYA SAHA ROY
ASSAM
VERSUS
SRI AMIT VIKRAM ROY
ASSAM
------------
Advocate for : MS ANGANA DAS
Advocate for : appearing for SRI AMIT VIKRAM ROY
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
21.01.2026 [Manish Choudhury, J]
Heard Ms. M. Dev, learned counsel for the appellant/applicant.
This instant application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 16 days which period of delay has occurred in preferring the accompanying matrimonial appeal under Section 19(1) of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1985 Page No.# 3/3
against a Judgment and Decree dated 26.09.2025 passed in F.C.(C) Case No. 212/2019 by the learned Principal Judge, Family Court-III, Kamrup (M), Guwahati.
Learned counsel for the appellant/applicant has submitted that in fact, there is no delay in filing the instant application seeking condonation of delay.
On the other hand, in the check-list of the case records accompanying the matrimonial appeal, a calculation has been made to arrive at a period of 16 days delay by the Registry.
In view of such position, Registry to place a report as regards to the manner in which the period of delay has been calculated.
List this case on 06.02.2026.
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