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I.A.(Civil) 2626/2017. Gauhati High Court

Judgment Cited in Precedent Map Related
Vincent
Case NumberI.A.(Civil) 2626/2017
Judgement DateNovember 23, 2017
CourtGauhati High Court

I A ( Civil) NO.2626 of 2017

I n Mat. Appeal 38 of 2017

BEFORE

HON’BLE THE CHI EF JUSTI CE MR. AJI T SI NGH

HON’BLE MR. JUSTI CE MANOJI T BHUYAN

2 3 .1 1 .2 01 7

( Aj it Sin gh , C.J.)

Mr.SK Ghosh, learned counsel for the applicant.

Mr.J Roy, Mr.R Hazarika and Mr.N Hasan, learned counsel for the Respondent.

This application, by the wife, is under Section 24 of the Hindu Marriage Act, for grant of pendente lite maintenance allowance.

The applicant was married to non-applicant-husband on

20.1.2002 whereafter, a girl child was born to her. Unfortunately, differences arose between the applicant and non-applicant, as a result of which, the later filed a petition for divorce against the former on the ground of cruelty and desertion. The trial court disbelieved the ground of cruelty by the applicant, but accepted the ground that she had deserted the non-applicant. And, on this ground, the trial court dissolved the marriage by passing a decree of divorce in favour of the non-applicant. Aggrieved, the applicant has filed annexed matrimonial appeal No.38/ 2017.

The applicant claims herself to be a housewife with one school going daughter having no source of income. This fact has not been denied by the...

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