Dismissed

Xxxxxxxx v. Xxxxxxxx

Gauhati HC17 Jul 2023Mat.App./34/2023

Case brief

AI extract

What is this about?

In this matrimonial appeal, the High Court dismissed the wife's appeal against an order where the husband filed a petition for restitution of conjugal rights post-decree divorce. The Court held the husband must inform the Family Court about the prior divorce decree and did not entertain the current appeal.

What did the court decide?

Appeal dismissed. Liberty given to appellant to participate in FC(Civil) Case No.120/2023 proceedings to inform the Court of the existing divorce decree.

Xxxxxxxx Vs Xxxxxxxx — Matrimonial and Divorce | Gauhati HC (2023)

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GAHC010132022023

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

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Case No. : Mat.App./34/2023

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XXXXXXXX

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D/O LATE (DR.) RANADHIR RAJKUMAR OF CHRISTIAN BASTI, PO GUWAHATI 05, PS DISPUR, DIST KAMRUP M ASSAM

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VERSUS

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XXXXXXXX

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S/O LATE SURANATH SINHA

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RESIDENT OF VILLAGE NEW BHAKATPUR, CHINCHOORI ROAD, PO BHAKATPUR,DIST CACHAR, ASSAM 788005

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Advocate for the Petitioner : MR B SINHA

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Advocate for the Respondent :

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BEFORE

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HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MRS. JUSTICE MALASRI NANDI

ORDER

17.07.2023

(M. Zothankhuma, J.)

Heard Mr. B. Sinha, learned counsel for the appellant (wife), who submits that the appellant had obtained an ex parte decree of divorce from the Court of

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the Principal Judge, Family Court No.1, Kamrup, Guwahati, vide judgment & order dated 26.11.2018 and decree dated 04.12.2018 passed in FC(Civil) Case No.356/2018. The respondent (husband) did not file any appeal against the judgment and decree passed in FC(Civil) Case No.356/2018. However, the respondent (husband) has, after 5 (five) years, filed FC(Civil) Case No.120/2023 before the Principal Judge, Family Court, Cachar at Silchar under Section 9 of the Hindu Marriage Act, 1955 praying for restitution of conjugal rights.

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The petitioner’s counsel submits that as there is already a divorce decree passed in FC(Civil) Case No.356/2018, FC(Civil) Case No.120/2023 filed by the respondent (husband) is not maintainable, unless the judgment and decree passed in FC(Civil) Case No.356/2018 is set aside.

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On a query made to Mr. B. Sinha, learned counsel for the appellant, as to whether the appellant herein has taken part in the proceedings in FC(Civil) Case No.120/2023 informing the Principal Judge, Family Court, Cachar at Silchar that a divorce decree had already been passed in FC(Civil) Case No.356/2018, Mr. B. Sinha submits that the appellant has not taken part in the proceedings in FC(Civil) Case No.120/2023.

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On considering the above facts, we are of the view that the appeal should be dismissed and the appellant should take part in the proceedings in FC(Civil) Case No.120/2023 before the Principal Judge, Family Court, Cachar at Silchar and inform the said Court that a divorce decree had already been issued by the Court of the Principal Judge, Family Court No.1, Kamrup, Guwahati, vide

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judgment and order dated 26.11.2018 and decree dated 04.12.2018 passed in FC(Civil) Case No.356/2018. As such, we are not inclined to entertain the present appeal.

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The appeal is accordingly disposed of, with liberty being given to the appellant, to take part in the proceedings in FC(Civil) Case No.120/2023, if so advised.

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JUDGE JUDGE

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Xxxxxxxx v. Xxxxxxxx

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Xxxxxxxx v. Xxxxxxxx

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