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2017 Supreme(Gau) 423

AJIT SINGH, MANOJIT BHUYAN
Chanda Biswas, W/o Sri Biswajit Purkayastha – Appellant
Versus
Biswajit Purkayastha, S/o Late Bipul Chandra Purkayastha – Respondent


Advocates Appeared:
For the Appellant : Mr.SC Biswas and Mr.G Taye, learned counsel for the appellant.
For the Respondent:Mr. D Sarma, learned counsel for the Respondent.

JUDGMENT AND ORDER :

Ajit Singh, J.

1. This appeal under Section 19 of the Family Court Act, 1984 has been filed by Mrs. Chandra Biswas , challenging the impugned order dated 16.09.2015 passed by the Principal Judge, Family Court No.2, Guwahati, Kamrup, Assam, in Miscellaneous(J) Case No. 98/2014 rejecting the Miscellaneous Case under Order 9 Rule 13 of the Court of Civil Procedure for setting aside the impugned judgement and decree dated 03.10.2012 passed by the said court in F.C.(Civil) No. 488/2011, granting decree of divorce by dissolving the marriage between the appellant and her husband-Biswajit Purkayastha.

2. The brief facts are in these. Respondent-husband of the appellant-wife filed a divorce case F.C. (Civil)No. 488/2011 before the Principal Judge, Family Court No.2 at Guwahati, Assam, against the appellant, the notice of the case was duly served on the appellant. But she did not contest the case as a result of which the Family Court by the impugned ex-parte judgement and decree dated 03.10.2012 dissolved the marriage between the parties. The appellant came to know about the ex-parte decree on 04.05.13 when she came to Guwahati from Alipore, West Bengal. Then she filed the




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