Disposed

Gopesh Deka v. Phul Kumari Deka

Gauhati HC8 Sept 2022Crl.Rev.P./13/2022

Case brief

AI extract

What is this about?

This order disposes of a criminal revision petition in private criminal appeal against an interim maintenance order. The High Court notes a Supreme Court order granting divorce and regulating maintenance. Upon verification of the petitioner's deposit of maintenance, the court concludes the proceedings are disposed of in compliance with the Supreme Court's judgment.

What did the court decide?

The criminal revision petition stands disposed of in compliance with the Supreme Court's order dated 19.07.2022

Gopesh Deka Vs Phul Kumari Deka — Maintenance and Alimony | Gauhati HC (2022)

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GAHC010004582022

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

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Case No. : Crl.Rev.P./13/2022

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GOPESH DEKA S/O SRI GOLOK DEKA VILL AND P.O. BYASHKUCHI DIST. BARPETA, ASSAM PIN-781307

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VERSUS

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PHUL KUMARI DEKA D/O SRI BANESWAR DEKA VILL- CHENGA (BAMPARA) P.O. CENGA DIST. BARPETA, ASSAM PIN-781302

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Advocate for the Petitioner : MR K BHUYAN

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Advocate for the Respondent :

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 08-09-2022

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Heard Mr. K. Bhuyan, learned counsel for the petitioner. None has

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appeared for the sole respondent.

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As per office note dated 01.09.2022, A/D card in respect of the sole respondent has been received back after service. Service report in respect of the sole respondent has also been received from the Additional District Magistrate, Barpeta with a process server’s report that the notice has been duly received by the respondent herself.

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A copy of the order dated 19.07.2022 passed by the Hon’ble Supreme Court of India in Civil Appeal no. 4804/2022 [Gopesh Deka vs. Phul Kumari Deka] has been communicated to the Registrar of this Court by the Assistant Registrar, Supreme Court of India by a letter bearing no. 17779/2019/SEC-XIV-A dated 27.07.2022 enclosing a copy of the said order.

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The operative part of the order dated 19.07.2022 reads as under :

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“In our view, there is something to be said about the claim of the appellant that the making of false allegations of dowry by the respondent itself would amount to cruelty but then we are not required to examine this issue in detail as we are of the view that in any case the marriage has irretrievably broken down with the parties living apart for more than 10 years. Such prolonged separation itself is the proof of the irretrievable breakdown of marriage.

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We are thus, inclined to grant divorce to the appellant dissolving the marriage inter se the parties on grounds of irretrievable breakdown of marriage invoking our jurisdiction under Article 142 of the Constitution of India.

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Now coming to the issue of maintenance for the respondent and the child who is now about 10 years of age. On the basis of the submissions recorded before us and instructions obtained from the appellant, we are inclined to fix the amount towards maintenance of the respondent-wife and the child at a lumpsum of Rs.10 lakh in full and final satisfaction of all her claims. The arrears of maintenance, if any, would have to be cleared up to the month of July, 2022. In view of the request by learned counsel for the appellant, we grant one month’s time to clear all arrears of interim

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maintenance. The amount of Rs.10 lakh will be paid in the following manner:

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(1) The first installment of Rs.2.5 lakh will be paid on or before 30.09.2022.

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(2) The remaining three installments of Rs.2.5 lakh each would be paid on or before 30.11.2022, on or before 31.01.2023 and on or before 31.03.2023.

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The appellant can always make payment of the installments earlier, if the arrangements are so made. The decree of divorce shall, however, be issued to the appellant and will become operative on payment of the aforesaid amounts for which the appellant will file proof before this Court.

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The appeal accordingly, stands allowed in the aforesaid terms leaving parties to bear their own costs.

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In view of the aforesaid order, the interim maintenance stands concluded at Rs. 7,000/- per month and the proceedings before the High Court in Crl.Rev.P./13/2022 - Gopesh Deka v. Phul Kumari Deka shall stand disposed of.”

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Mr. Bhuyan, learned counsel for the petitioner has submitted that in compliance of the order dated 17.09.2022, the petitioner has already deposited a sum of Rs. 7,000/- before the Court of the learned Principal Judge, Family Court, Barpeta on 30.08.2022 and the sole respondent viz. Phul Kumari Deka had acknowledged the receipt of the said sum of Rs. 7,000/- under her signature.

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In view of the above fact situation, this criminal petition stands accordingly disposed of in compliance of the order dated 19.07.2022 of the Hon’ble Supreme Court of India passed in Civil Appeal no. 4804/2022.

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JUDGE

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Gopesh Deka v. Phul Kumari Deka

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Gopesh Deka v. Phul Kumari Deka

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