Smt. Debalina Choudhury vs Sri Anup Kumar Banda
2024 Latest Caselaw 67 Tri

Tripura High Court

Smt. Debalina Choudhury vs Sri Anup Kumar Banda on 22 January, 2024

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                      HIGH COURT OF TRIPURA
                            AGARTALA
                          MAT.APP. No.15/2023
Smt. Debalina Choudhury
                                                         ......... Appellant(s).
                                VERSUS
Sri Anup Kumar Banda
                                                        .........Respondent(s).

For Appellant(s) : Mr. P. Roy Barman, Sr. Advocate, Mr. Samarjit Bhattacharjee, Advocate, Mr. Kawsik Nath, Advocate.

For Respondent(s) : Mr. Pulak Saha, Advocate, Mr. S. Talapatra, Advocate.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE S.D. PURKAYASTHA

Order 22/01/2024

An affidavit has been filed by the respondent stating that he has

remarried on 05.12.2023, i.e. after the period of limitation of 30 days

prescribed under Section 19(3) of the Family Courts Act, 1984 was over. As

such, his remarriage is not hit under Section 15 of the Hindu Marriage Act,

1955.

Mr. Kawsik Nath, learned counsel for the appellant, submits

that the appeal has been filed within the period of 90 days prescribed under

Section 28(4) of the Hindu Marriage Act, 1955 which is applicable to the

appeal at hand arising out of a judgment of the Family Court in view of the

notification dated 27.09.2023.

Be that as it may, since the respondent has appeared and lower

Court records have been received, the appeal is admitted for hearing.

Paper Book be prepared.

List the matter for hearing in due course.

(S.D. PURKAYASTHA), J (APARESH KUMAR SINGH), CJ

Pulak

PULAK BANIK Date: 2024.01.29 16:25:53 +05'30'