Page No.# 1/3 GAHC010110192023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/155/2023 ROKTIM SONOWAL S/O- SRI NARAYAN SONOWAL, R/O- JOKAI KALIONI GAON, P/O- JOKAI, P/S- BARBARUAH, DIST- DIBRUGARH, ASSAM. VERSUS HIMADRI SONOWAL W/O- SRI ROKTIM SONOWAL, R/O- NATUN BORBIL GAON, P/O- BHURBHURI, P.S. BARBARUAH, DIST.- DIBRUGARH, ASSAM. PIN- 786003. Advocate for the petitioner(s): Mr. S Dutta Advocate for the respondent(s): B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER Page No.# 2/3 28.04.2025 Heard Mr. S Dutta, the learned counsel appearing on behalf of the petitioner. 2. The supervisory jurisdiction of this Court has been involved to challenge the order dated 20.02.2023 (wrongly mentioned as 20.02.2022 passed in Misc. (J).Case No.32/2022 arising out of T.S.(D) Case No.59/2022 passed by the learned District Judge (FTC) Dibrugarh. 3. A perusal of the impugned order shows that an amount of Rs.3000/- has been saddled upon the petitioner to be paid to the respondent every month as well as further Rs.12000/- was directed to be paid as a one-time amount, towards expenses of proceedings. 4. Mr. S Dutta, the learned counsel appearing on behalf of the petitioner has submitted that the reason why the instant proceedings has been filed is because of the fact that the respondent herein was having an extra-marital affair and as such, she is not entitled to the interim maintenance as well as the costs of the proceedings. It is the opinion of this Court that the fact that the respondent was maintaining an extra-marital affair or not is a question which is to be decided in the divorce proceedings that has been filed by the petitioner being Title Suit(D) No.59/2022 pending before the learned Additional District Judge (FTC) Dibrugarh. Till such decision is taken in the said suit, there cannot be an assumption that the respondent herein is carrying on an extra-marital affair. 5. Considering the above, this Court finds no ground to interfere with the order dated 20.02.2023 passed in Misc.(J)Case No.32/2022 arising out of T.S. (D) Case No.59/2022 passed by the learned District Judge (FTC) Dibrugarh for Page No.# 3/3 which the instant petition stands dismissed. 6. This Court further vacates the interim order dated 29.05.2023 passed by this Court in CRP(IO)No.155/2023 as well as the order dated 04.08.2023 passed in IA(C)No.1672/2023 in CRP(IO)155/2023. 7. The petitioner herein who is the petitioner in the divorce proceedings shall appear before the learned Trial Court on 19.05.2025 for further proceeding in Title Suit (D)No.59/2022 and other incidental proceedings. Taking into account the fact that the respondent herein is unrepresented, the learned Trial Court shall proceed with the Suit proceedings after giving due notice to the respondent herein. 8. Revision petition accordingly stands disposed of. JUDGE Comparing Assistant