Gauhati High Court
Mat.App./17/2026 of XXXXXXXX Vs XXXXXXXX on 10 May 2026
GAHC010148102025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Mat.App./17/2026 XXXXXXXX SON OF SHRI ACHUTAN K, R/O A /27, SHANTI NAGAR SOCIETY, OPP ARUNACHAL BUS STOP, SUBHANPUR, VADODARA, GORWA, GUJRAT VERSUS XXXXXXXX W/O SRI SACHIN
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GAHC010148102025
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Mat.App./17/2026
XXXXXXXX
SON OF SHRI ACHUTAN K, R/O A/27,
SHANTI NAGAR SOCIETY,
OPP ARUNACHAL BUS STOP,
SUBHANPUR, VADODARA, GORWA, GUJRAT
VERSUS
XXXXXXXX
W/O SRI SACHIN NAIR, R/O HOMEWAR DEKA, GANESH MANDIR PATH, GUWAHATI, DISPUR, KAMRUP METRO, ASSAM
Advocate for the Petitioner : PURBA BARUAH, MS P BARUAH,S AZIZ
Advocate for the Respondent : MR S N ADHYAPAK, BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
Date : 11.05.2026 (M. Zothankhuma, J) No one appears for the appellant husband, while Mr. S. N. Adhyapak, learned counsel appears for the respondent wife.
2. It is noticed that on the last date, no one had appeared on behalf of the appellant.
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3. The facts of the case in brief is that the respondent wife had submitted an application under Section 13 of the Hindu Marriage Act, 1955, read with Section 27(1)
(b) of the Special Marriage Act, 1954, praying for a divorce decree in the Court of the Principal Judge, Family Court-1, Kamrup (M), Guwahati, vide F.C.(Civil) 822/2013. The appellant husband had prayed for dismissal of the respondent wife’s application for divorce.
4. The learned Family Court, vide judgment dated 04-04-2025, rejected the prayer of the respondent wife, for dissolution of their marriage.
5. Interestingly, while the respondent wife has not made any challenge to the impugned judgment dated 04-04-2025, rejecting her application for dissolution of marriage, the appellant husband, who had opposed the respondent wife for dissolution of marriage, has now filed the present appeal against the impugned judgment dated 04-04-2025 and has prayed for granting a divorce decree, on the ground of irretrievable breakdown of marriage.
6. We are unable to understand as to how the appellant husband, who was the opposite party before the learned Family Court and whose prayer for rejection of the application of the respondent wife's application for dissolution of marriage, can now make a prayer for grant of a divorce decree, by challenging the impugned judgment dated 04-04-2025. If the appellant husband desires grant of a divorce decree, the appellant husband would have to approach the Appropriate Court afresh for the same.
7. The appeal is accordingly dismissed. JUDGE JUDGE Comparing Assistant