Apurba Hazarika v. Smt. Dipashree Hazarika

ORDER

18.12.2024 Heard Mr. P.K. Kalita, learned Senior counsel assisted by Mr. K. Talukdar, learned counsel for the petitioner and also heard Mr. S.A.B. Khabir, learned counsel for the sole Page No.# 2/3 respondent.

¶2In this petition, under Article 227 of the Constitution of India, the petitioner has put to challenge the correctness or otherwise of the order dated 05.10.2024, passed by the learned Principal Judge, Family Court No. 1, Guwahati, Kamrup(M), in F.C. (Civil) No. 800/2022.

¶3Mr. Kalita submits that the matter between the petitioner and the respondent has already been settled and to that effect, they had filed a petition before the Counselor, Principal Judge, Family Court No. 1, Guwahati, Kamrup(M) and thereafter, the Counselor had returned the file to the learned Principal Judge, Family Court No. 1, Guwahati, Kamrup(M) and the thereafter, the learned Principal Judge had fixed the matter for settlement of issues on 29.08.2023. Mr. Kalita further submits that the learned Principal Judge, Family Court No. 1, Guwahati, Kamrup(M) has thereafter, fixed the matter on

06.01.2025 for evidence of PWs (last chance) and since the matter has been settled between the parties, instead of taking evidence and hearing argument on that point, the learned Principal Judge could have passed a compromised decree and instead of doing that, it has fixed the matter on 06.01.2025 for evidence of the witnesses and the same cause delay in disposal of the case and the petitioner has been suffering since 2011. Under such circumstances, Mr. Kalita submits that this petition may be disposed of by directing the learned Principal Judge, Family Court No. 1, Guwahati, Kamrup(M) to pass final order on the petition No.104/2023, dated 19.07.2023.

¶4The learned counsel for the respondent submits that he has no objection in directing the learned Trial Court to dispose of the compromise petition and in disposing of the suit, however, the issue of granting permanent alimony has also to be settled before disposing of the suit.

¶5Having heard the submission of learned Advocates of both the parties and also considering the facts and circumstances on the record, it is provided that the learned Principal Judge, Family Court No.1, Guwahati, Kamrup(M), shall disposed of the petition No.104/2023, dated 19.07.2023, as soon as practicable, preferably on the next date of Page No.# 3/3 hearing and the parties are granted liberty to raise all the ancillary issues such as granting of permanent alimony etc. before the learned Principal Judge. The learned Principal Judge shall consider such issues in accordance with law in the event of raising the same by the parties.

¶6In terms of above, this civil revision petition stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010247802024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/488/2024 APURBA HAZARIKA S/O LATE CHANDRAKANTA HAZARIKA, R/O AKASH COMPLEX, A.T. ROAD, TOKOBARI SATRA, P.O. AND P.S.-PANBAZAR, DIST- KAMRUP (M), ASSAM, PIN-781001 VERSUS SMT. DIPASHREE HAZARIKA D/O LATE SUDHIR KR. CHOUDHURY, R/O CHATRIBARI ROAD, HOUSE NO. 37 (PART-A), P.S.-PALTAN BAZAR, GUWAHATI-781008, DIST- KAMRUP (M), ASSAM Advocate for the Petitioner : MR P K KALITA, MR K TALUKDAR Advocate for the Respondent : MR. K U AHMED, MR S HUSSAIN,MR. A S ALI,MR. S A B KHABIR BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN