Page No.# 1/4 GAHC010282782025 2026:GAU-AS:20 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/537/2025 MRS DIPA SAHA W/O MR. GAURI SHANKAR SAHA, R/O TURA, DIST- WEST GARO HILLS, MEGHALAYA, MOBILE NO 7005317334. VERSUS GAURI SHANKAR SAHA S/O LATE BHABANI SHANKAR SAHA, R/O SHANTIPUR, A.T. ROAD, NEAR BUS STOP, P.O AND P.S- BHARALUMUKH, DIST- KAMRUP (M), ASSAM Advocate for the Petitioner : MR H S KALSI, DOLY DEKA Advocate for the Respondent : , BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 05.01.2026. Heard Mr. H.S. Kalsi, the learned counsel for the petitioner. This is an application under Article 226/227 of the Constitution of India, challenging the impugned order dated 28.11.2025, passed by the learned Page No.# 2/4 Principal Judge, Family Court No-III, Kamrup at Guwahati in F.C. (Civil) Case No.843/2018. It is submitted by Mr. Kalsi, the learned counsel for the petitioner that the respondent had filed an application under Section 10 of the Hindu Marriage Act, 1955, before the learned Family Court which was registered as F.C. (Civil) Case No.843/2018, wherein the present petitioner as a respondent had appeared and contested the case. Accordingly 3 (three) defence witnesses had filed their deposition by way of affidavit but on 28.11.2025, the present petitioner as a defendant could not appear before the learned Family Court due to death of one of her family member and in that regard, she also filed an adjournment petition before the learned Principal Judge, Family Court No-III. But that petition was not considered by the learned Principal Judge and vide the impugned order dated 28.11.2025, the petition was dismissed and the evidence of DW.1, DW.2 and DW.3 were expunged with. Mr. Kalsi, the learned counsel for the petitioner further submitted that on 28.11.2025, a petition was filed intimating the death of the family member and on the prior date also the present petitioner could not appear before the Court of learned Principal Judge, Family Court No-III, as she had to attend in another proceeding filed by the respondent in a Court at Shillong in Meghalaya and she was to appear and file her vokalatnama and for that reason, she could not appear in the Court of learned Principal Judge. To that extent also, she also filed an adjournment petition, which was accordingly allowed by the learned Principal Judge, Family Court No-III. But vide order dated 28.11.2025, her petition for adjournment was rejected and the evidence of DW.1, DW.2 and DW.3 were also expunged with, which caused great injustice to the present petitioner. If the petitioner is not provided with an opportunity to contest the case and to Page No.# 3/4 produce the defence witnesses for their cross-examination, great prejudice will be caused to the present petitioner and hence the present petition is filed seeking for setting aside the impugned order dated 28.11.2025, passed by the learned Principal Judge, Family Court No-III, Kamrup at Guwahati in F.C. (Civil) Case No.843/2018 and praying for providing an opportunity to the present petitioner to produce her defence witnesses for cross-examination. Considering the submissions of learned counsel for the petitioner, I have also perused the case record and the annexure filed with the case record. It is seen that on 28.11.2025 a petition was filed seeking adjournment of cross- examination of the three defence witnesses, citing the reason for sudden death of close relative of the petitioner. Further, it is seen that the petitioner has also filed the affidavits of evidence of three defence witnesses and if an opportunity is not given to the present petitioner for cross-examination of those three defence witnesses, the petitioner may be prejudiced, as she may not be in a position to take her proper defence. Considering the above and other aspects of the case, I find it justified to provide an opportunity to the present petitioner to produce her three defence witnesses for cross-examination. Accordingly, the impugned order dated 28.11.2025, passed by the learned Principal Judge, Family Court No-III, Kamrup at Guwahati in F.C. (Civil) Case No.843/2018 is hereby set aside, directing the learned Trial Court to give an opportunity to the present petitioner to produce her defence witnesses before the learned Trial Court. Further, the petitioner is hereby directed to produce all her three defence witnesses, on a date to be fixed by the Court for their cross- examination. Page No.# 4/4 With the above observation, the present petition stands disposed of. JUDGE Comparing Assistant