UDDIPANA GOSWAMI Vs. SUMAN KALYAN CHAKRABARTI
HIGH COURT OF GAUHATI
Suman Kalyan Chakrabarti
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Ajit Singh, C.J. -
(1.) By this common judgment and order, we propose to dispose of both Mat. Appeal No.14/2017 and Mat. Appeal No. 15/2017 as they involve same issues and are filed by appellant - Uddipana Goswami - challenging the same impugned orders passed by the Family Court, Kamrup, Guwahati, Assam.
(2.) Both the appeals have been filed by her under Section 19 of the Family Courts Act, 1984, challenging the legality and validity of the impugned orders dated 4/11/2016 passed in respondent's - Suman Kalyan Chakraborty- F. C. (Civil) case No. 512/2012 - for divorce-rejecting the prayer for appointment of an amicus curiae on her behalf as well as closing the cross-examination of the plaintiff's witnesses and the impugned order dated 3/3/2017 passed in F.C. (Civil) Case No. 512/2012 rejecting the prayer for recalling the order dated 4/11/2016.
(3.) The brief facts are these. Appellant and respondent got married in the month of July, 2006 and out of their wedlock, a son was born on 3/3/2011. However, shortly thereafter, their relationship got soured and husband filed F.C.(Civil) Case No. 512/2012 in the Family Court, Kamrup, seeking a decree of divorce and also filed another application seeking custody of the minor son, which was numbered as F.C. Miscellaneous (G) Case No. 120/2012. The appellant entered into appearance and contested the cases, by filing written statement denying the allegations made against her. She also filed one application being Miscellaneous Case No. 76A/2014 seeking a direction to allow her to sell the jointly purchased flat to bring her belongings. In the said application, the appellant categorically expressed her consent for granting the decree of divorce on fulfilment of the above two conditions. The said application was posted for hearing with the main F.C.(Civil) Case No. 512/2012 vide order dated 21/6/2014.;
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