Nabanita Choudhury (Wife) v. Abhijit Nath (Husband)

ORDER Date : 07.08.2024

Heard Mr. A.K. Ahmed, learned counsel for the petitioner and Mr. M. Rahman, learned counsel for the respondent.

¶2This petition, under Article 227(1) of the Constitution of India, read with Section 115 of the Code of Civil Procedure, is preferred by the petitioner, namely, Nabanita Choudhury, challenging the correctness or otherwise of the order dated 05.07.2023, passed by the learned Principal Judge, Family Court-II, Kamrup(M), Guwahati, in F.C.(Civil) Case No. 902/2022.

¶3It is to be noted here that, vide impugned order dated 05.07.2023, the learned Principal Judge, Family Court-II, Kamrup(M) was pleased to reject the Petition No. 509/2023, dated 05.07.2023, wherein a prayer was made to grant some time to file the written statement as the stipulated period of 90 days had already elapsed.

¶4Mr. Ahmed, learned counsel for the petitioner submits that in the aforementioned case, the petitioner had received notice, but, she could not file the written statement within the stipulated period because of her illness and that there is also a mistake in calculation of the period of 90 days.

¶5Mr. Rahman, learned counsel for the respondent submits that he has no objection in the event of granting an opportunity to the petitioner to file written statement before the learned Principal Judge, Family Court-II, Kamrup(M), Guwahati.

¶6Having heard the submission of learned Advocates of both sides and also considering the facts and circumstances on the record, and also in the interest Page No.# 3/3 of justice, this Court is inclined to allow the petition. Accordingly, it is provided that the petitioner shall submit her written statement before the learned Principal Judge, Family Court-II, Kamrup(M), Guwahati within a period of one week from today and the learned Principal Judge, Family Court-II, Kamrup(M), Guwahati shall take the same onboard and thereafter, proceed to hear the matter in accordance with law.

¶7In terms of above, this CRP(IO) No. 221/2023 stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010158852023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/221/2023o NABANITAoCHOUDHURYo(WIFE)o W/OoSRIoABHIJIToNATH,oP/R/OoFLAToNO.oC-7,oHOLYoMOUNToHOME,oALOKo NAGARoBHETAPARAoCHARIALI,oP.O.-BELTOLA,oP.S.-HATIGAON,o GUWAHATI-781028,oDIST-oKAMRUP,oMETRO,oASSAM VERSUSo ABHIJIToNATHo(HUSBAND)o S/OoAMBUoRAMoNATH,oR/OoFLAToNO.oC-7,oHOLYoMOUNToHOME,oALOKo NAGARoBHETAPARAoCHARIALI,oP.O.-BELTOLA,oP.S.-HATIGAON,o GUWHATI-781028,oDIST-oKAMRUP,oMETRO,oASSAM,oALTERNATEoADDRESSo (OFFICEoADDRESS)-oA.U.oSMALLoFINANCEoBANK,oBRANCHoSALESo MANAGER,oGROUNDoFLOOR,oNBSoTOWER,oG.S.oROAD,oNEARo DATAMATIONoBORAoSERVICE,oGUWAHATI-07,oP.O.-ULUBARI,oP.S.- PALTANBAZAR,oPIN-781007,oALTERNATEoADDRESSo-oHOUSEoNO.o27,oWARDo NO.o9,oSANKARDEVoNAGAR,oP.O.-MORIGAON,oP.S.-MORIGAON,oDIST-o MORIGAON,oASSAM,oPIN-782105 AdvocateoforotheoPetitionerooooo:oMR.oAoKoAHMED,oMSoAoAHMED,,MDoAoISLAM,MRoAoAHMEDo AdvocateoforotheoRespondento:oMR.oMo.oRAHMAN,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN