Xxxxxxxx v. Xxxxxxxx
Case brief
What is this about?
Single Judge disposed of an application seeking stay on the judgment and decree dissolving the marriage. The Court held that timely appeal renders a formal stay order unnecessary under Section 15 of the Hindu Marriage Act.
What did the court decide?
Application disposed of; no formal stay order passed.
What the court decided
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GAHC010002442023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Mat.App./6/2023
RUPALI DUTTA
W/O SRI PRADIP KR. BARMAN
RESIDENT OF HOUSE NO. 4, BARNACHAL ROAD (NEAR ANURADHA CINEMA HALL) PO BAMUNIMAIDAM, PS CHANDMARI, DIST KAMRUP M ASSAM
VERSUS
PRADIP KR. BARMAN S/O LATE PRATAP BARMAN
RESIDENT OF HOUSE NO. 4, BARNACHAL ROAD (NEAR ANURADHA CINEMA HALL) PO BAMUNIMAIDAM, PS CHANDMARI, DIST KAMRUP M ASSAM
Advocate for the Petitioner : MR D K BORDOLOI
Advocate for the Respondent :
Issues for consideration
2 issues framed by the court
Whether a formal stay order is required given the timely preference of the connected appeal invoking Section 15 of the Hindu Marriage Act.
To grant or dispose of the application for stay of operation of the judgment and decree dissolving the marriage.
Parties & counsel
- appellant
Rupali Dutta
- respondent
Pradip Kr. Barman
Coram
Mitali Thakuria
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · May
- Registered
- Case no.
- I.A.(Civil)/134/2023
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