SHIVA CHETRY@ SHIVA CHHETRI v. PALLAVI KALITA CHETRY
Case at a glance
Provisions considered
- Constitution of India art. 227
Key paragraphs
- Para 88. With the above observations and directions, the instant petition stands disposed of. JUDGE Comparing Assistant
Judgment
SHIVA CHETRY@ SHIVA CHHETRI S/O. SRI RAM BAHADUR CHETRY, R/O. VILL.- AHOM PATHAR VILLAGE, P/O. JAGUN, P/S. LEKHAPANI, DIST. TINSUKIA, ASSAM, PIN-786188. VERSUS PALLAVI KALITA CHETRY W/O. SRI SHIVA CHETRY @ SHIVA CHHETRI, PRESENTLY RISIDING AT 3 MILE, JAGUN, P/O. JAGUN, P/S. LEKHAPANI, DIST. TINSUKIA, ASSAM, PIN- 786188. For the Petitioner(s) : Mr. N. Sarma, Advocate For the Respondent(s) : None appears BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH Date : 17.02.2025 ORDER Heard Mr. N. Sarma, the learned counsel appearing on behalf of the petitioner.
This is an application filed under Article 227 of the Constitution Page No.# 2/3 challenging the order dated 05.12.2024 passed by the learned Court of the Additional District Judge, Margherita in T.S. (Matrimonial) No. 19/2024 in connection with a petition bearing No. 1449/2024.
This Court has duly taken note of the petition No. 1449/2024 whereby the respondent herein had prayed for direction to the petitioner to produce the passport and travelling ticket from Dubai to India to confirm that the divorce proceedings was filed by the petitioner herein to meet the ends of justice.
Mr. N. Sarma, the learned counsel appearing on behalf of the petitioner submitted that though the learned Trial Court i.e. the Court of the learned Additional District Judge, Margherita had fixed the matter on
13.02.2025 for filing objection and appearance of the petitioner in person but on the other hand had even allowed the said petition being petition No. 1449/2024, thereby directing the petitioner to appear in person and also for production of the passport and travelling ticket from Dubai to India.
Taking into account that it is on a limited aspect the instant proceedings has been filed, this Court is of the opinion that interest of justice would be met if the instant proceeding is disposed of, thereby directing the petitioner herein to submit objections to the petition bearing No. 1449/2024. It is further observed that in the said objection, the petitioner would enclose the photocopy of the passport showing the immigration endorsement that he had entered India as well as, the travelling ticket from Dubai to India during the relevant time when the divorce proceeding was filed. Page No.# 3/3
It was submitted by the learned counsel appearing on behalf of the petitioner that the next date is fixed on 29.04.2025. The said objection shall be filed on or before the next date without fail.
It is further observed and directed that the learned Additional District Judge, Margherita shall thereupon adjudicate the petition bearing No. 1449/2024 in accordance with law and by hearing both the parties. The appearance of the petitioner in person before the Court may be dispensed with by taking use of the Video Conferencing Rules on the next date.
With the above observations and directions, the instant petition stands disposed of. JUDGE Comparing Assistant
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 227.
Which court decided this case, and when?
Gauhati High Court, on 17 Feb 2025. The bench was DEVASHIS BARUAH.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.