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Chiranjeet Bhattacharyya vs Mrs. Monalisha Sharma on 1 April, 2019

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GAHC010123222017

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

Case No. : CRP 75/2017

1:CHIRANJEET BHATTACHARYYA
S/O. LT. ROHINI CHARAN BHATTACHARYYA, R/O. B.C. ROAD, KALIBARI,
PIN.- 784001, TEZPUR, ASSAM.

VERSUS

1:MRS. MONALISHA SHARMA
W/O. SHRI CHIRANJEET BHATTACHARYYA, R/O. NIRUPOMA HOUSING
SOCIETY, ZOO ROAD, GUWAHATI, PIN- 781024, ASSAM.

Advocate for the Petitioner : MR.N BARMAN

Advocate for the Respondent : MS.R S SADIAL

BEFORE
HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA

ORDER

Date : 01-04-2019

Heard Mr.T. J. Mahanta, learned Senior Counsel assisted by Ms. P. Bhattachayya,
learned counsel for the petitioner and Mr. H. S. Kalsi, learned counsel for the opposite
party/respondent.

The present petitioner is the husband of the opposite party. Their marriage was
solemnised on 15.10.2007 at Tezpur from which place the petitioner belongs. The marriage
did not survive as per expectation of the parties to this petition resulting filing of a divorce
suit being Case No. 465/2012 in the court of learned Principal Judge, Family Court, Guwahati
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by the petitioner. The opposite party also filed her written statement alongwith counter claim
seeking divorce in the said suit. During the pendency of this petition vide judgment and order
dated 2.7.2018 the suit was dismissed. But the counter claim was allowed resulting
dissolution of the marriage between the parties to this petition which was held on 15.10.2007
at Tezpur. During the pendency of said divorce suit the opposite party filed an application
under Section 25 of the Hindu Marriage Act 1955 alongwith the application under Section 24
for permanent alimony and pendent lite maintenance respectively. The said petition was
disposed of by the learned Court of Principal Judge, Kamrup in Misc (J) Case No. 137/2014
and vide order dated 31.5.2016 the learned court below directed a sum of Rs 15,000/- to be
paid by the present petitioner as maintenance pendent lite per month alongwith litigation
cost of Rs. 20,000/- to the petitioner. The litigation cost of Rs. 20,000/- was already been
paid by the petitioner as directed by the court below. On the other hand regarding
maintenance pendent lite per month the petitioner is aggrieved and this revision petition was
filed.

The grounds taken up in this revision petition mainly are with respect to non
consideration of the evidence and the pleadings of the present petitioner vis-a-vis of the
opposite party. It is submitted by both the learned counsel that after passing of the judgment
and order in the divorce suit the petition under Section 25 of the Hindu Marriage Act 1955 is
kept for its disposal directing the parties to adduce evidence.

Mr. Kalsi fairly submits that the opposite party had already filed her evidence before the
learned court below as the petition under Section 25 of the Hindu Marriage Act 1955 for
permanent alimony is yet to be disposed of and the same is under consideration of the
learned court below after the evidence are led by the parties.

In my opinion it would be proper not to enter into the merit of the issues raised before
this court as the petitioner for permanent alimony is yet to be decided by the learned court
below. However till the disposal of the said petition u/s 25 of the Hindu Marriage Act 1955,
the petitioner shall pay a sum of Rs. 8,000/- per month to the respondent as maintenance
pendent lite per month till the disposal of the application for permanent alimony pending in
the court below. The said amount of Rs.8,000/- is allowed to be paid keeping in view the
prima facie case of the petitioner and also keeping in view some admitted facts on the basis
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of the submission of the learned counsel of the parties like the residential accommodation of
the respondent purportedly provided by the petitioner and the car etc. However the learned
court below shall not under any circumstances be influenced by the said observation while
disposing of the petition under Section 25 of the Hindu Marriage Act, 1955
This petition accordingly stands disposed of. Interim order passed earlier stands
vacated.

JUDGE

Comparing Assistant

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