... vs YYY - 2025 Supreme(Gau) 2349

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Gau) 2349

HE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ROBIN PHUKAN
... – Appellant
Versus
YYY – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. D.C.K. Hazarika
For the Respondent: Mr. G. Choudhury

JUDGEMENT :
Heard Mr. D.C.K. Hazarika, learned counsel for the appellant and Mr. G. Choudhury, learned counsel for the respondent.

2. In this appeal, under Section 28 of the Hindu Marriage Act, 1955, the appellant has put to challenge the correctness or otherwise of the Judgment and Decree, dated 11.03.2019, passed by the learned Additional District Judge (FTC), Sonitpur (‘trial court’, for short), in Title Suit (M) No. 47/2016.

3. It is to be noted here that vide impugned Judgment and Decree, dated 11.03.2019, the learned trial court had dismissed the suit filed by the present appellant for dissolving his marriage with the respondent herein by way of a decree of divorce.

Background Facts:-

4. The background facts, leading to filing of the present appeal, are adumbrated herein below:-

“The marriage between the appellant and respondent was solemnized on 05.05.1986, as per Hindu rites and rituals at Barthekerabari village of Howajan of Lakhimpur district, Assam. After the marriage, both of them lived together as husband and wife in the marital home till 1988 and out of their wedlock a female child was born on 21.04.1989.

After the birth of the daughter, marital discord surfaced between them