V. Dutta Gyani, J. —

This is an appeal under section 19(1) of the Family Courts Act, 1984 preferred by the husband against judgment and decree dated 24.2.97 as passed by the Principal Judge, Family Court, Kamrup, Guwahati in Case No. FC (Civil) 135 of 1995 thereby dissolving the marriage between the parties and granting a decree of divorce with permanent alimony of Rs.2,00,000/-to the wife petitioner (respondent herein) on the ground of cruelty.

2. Before proceeding any further, it would be pertinent to note that this appeal as filed was barred by time there was delay of 70 days in filing the same . A Division Bench of this Court by order dated 8.8.97 stayed the operation of the decree conditional upon the appellant depositing of Rs.60,000/- within a period of one month from the date of the order. The amount so deposited was allowed to be withdrawn by the respondent wife. Instead of complying with-the order, the appellant husband filed an application on 1.9.97 praying for modification of the order dated 8.8.97 seeking deletion of the direction, allowing the wife respondent t to withdraw the amount of Rs.60,000/- which was not deposited nor has been deposited so far. The ground assign

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