Dismissed¶24

Xxxxxxxx v. Xxxxxxxx

Gauhati HC10 May 2026Mat.App./17/2026

Case brief

AI extract

What is this about?

Mat.App./17/2026; Gauhati High Court; decided 11.05.2026; appeal dismissed; appellant husband; respondent wife; divorce decree; irretrievable breakdown of marriage; Section 13 Hindu Marriage Act 1955; Section 27(1)(b) Special Marriage Act 1954; F.C.(Civil) 822/2013; Principal Judge Family Court-1 Kamrup (M) Guwahati; judgment dated 04-04-2025; M. Zothankhuma; Sanjeev Kumar Sharma; S N Adhyapak; Purba Baruah

What did the court decide?

The appellant husband, having been the opposite party whose prayer was for rejection of the respondent wife's dissolution application, cannot obtain a divorce decree by challenging the impugned judgment dated 04-04-2025; if he desires a divorce decree, he would have to approach the Appropriate Court afresh. ¶23

Xxxxxxxx Vs Xxxxxxxx — Matrimonial and Divorce | Gauhati HC (2026)

Page No.# 1/2

GAHC010148102025

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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./17/2026

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XXXXXXXX SON OF SHRI ACHUTAN K, R/O A/27, SHANTI NAGAR SOCIETY, OPP ARUNACHAL BUS STOP, SUBHANPUR, VADODARA, GORWA, GUJRAT

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VERSUS

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XXXXXXXX

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W/O SRI SACHIN NAIR, R/O HOMEWAR DEKA, GANESH MANDIR PATH, GUWAHATI, DISPUR, KAMRUP METRO, ASSAM

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Advocate for the Petitioner : PURBA BARUAH, MS P BARUAH,S AZIZ

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Advocate for the Respondent : MR S N ADHYAPAK,

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BEFORE

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HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

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ORDER

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Date : 11.05.2026

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(M. Zothankhuma, J)

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No one appears for the appellant husband, while Mr. S. N. Adhyapak, learned counsel appears for the respondent wife.

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It is noticed that on the last date, no one had appeared on behalf of the appellant.

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Page No.# 2/2

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The facts of the case in brief is that the respondent wife had submitted an application under Section 13 of the Hindu Marriage Act, 1955, read with Section 27(1) (b) of the Special Marriage Act, 1954, praying for a divorce decree in the Court of the Principal Judge, Family Court-1, Kamrup (M), Guwahati, vide F.C.(Civil) 822/2013. The appellant husband had prayed for dismissal of the respondent wife’s application for divorce.

¶21

The learned Family Court, vide judgment dated 04-04-2025, rejected the prayer of the respondent wife, for dissolution of their marriage.

¶22

Interestingly, while the respondent wife has not made any challenge to the impugned judgment dated 04-04-2025, rejecting her application for dissolution of marriage, the appellant husband, who had opposed the respondent wife for dissolution of marriage, has now filed the present appeal against the impugned judgment dated 04-04-2025 and has prayed for granting a divorce decree, on the ground of irretrievable breakdown of marriage.

¶23

We are unable to understand as to how the appellant husband, who was the opposite party before the learned Family Court and whose prayer for rejection of the application of the respondent wife's application for dissolution of marriage, can now make a prayer for grant of a divorce decree, by challenging the impugned judgment dated 04-04-2025. If the appellant husband desires grant of a divorce decree, the appellant husband would have to approach the Appropriate Court afresh for the same.

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7. The appeal is accordingly dismissed.

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JUDGE JUDGE

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Comparing Assistant

Xxxxxxxx v. Xxxxxxxx

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Xxxxxxxx v. Xxxxxxxx

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