LAWS(GAU)-2019-1-117

SMTI MAMTA CHOWDHURY Vs. SUMIT CHOUDHURY

Decided On January 31, 2019
Smti Mamta Chowdhury Appellant
V/S
Sumit Choudhury Respondents

JUDGEMENT

(1.) Heard Ms. A Chakraborty, learned counsel for the appellant and Mr. M Biswas, learned counsel for the respondent.

(2.) By an order passed on 15.12.2016 in Divorce Case No. 2/2016 under Section 13(1)(ia) of the Hindu Marriage Act, 1955, the learned Principal Judge, Family Court, Kohima had allowed the petition filed by the respondent herein and had dissolved the marriage between the parties. In the said proceedings, the appellant did not participate and the learned Principal Judge, Family Court had recorded that despite service of notice through the father of the appellant and also later on by way of substituted service by means of paper publication, the appellant had not chosen to take part in the said proceedings.

(3.) The marriage between the parties was solemnized on 3.2.2014 at Nagaon as per Hindu rites and rituals and their marriage was subsequently registered on 17.2.2014 before the Family Court, Dimapur. A girl child was born to the parties on 31.10.2014 and the child is presently in the custody of the appellant.