Page No.# 1/5 GAHC010282672025 2026:GAU-AS:8761 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4144/2025 SHRI ROHIT DUTTA MEDHI SO SHRI MONTOSH DUTTA MEDHI, PERMANENT RO H NO 106, HATIGAON, BHETAPARA ROAD, PS HATIGAON, GUWAHATI, KAMRUP M, ASSAM, PIN 781038, ALSO AT FLAT NO 1803, TOWER B, IITL, NIMBUS HYDE PARK GH 03, SECTOR 78, NOIDA, GAUTAM BUDH NAGAR, UTTAR PRADESH 201301 VERSUS SMTI MONMEE SENAPATI WO SHRI ROHIT DUTTA MEDHI, PRESENTLY RESIDING AT H NO 926, 10TH BYELANE, GREEN LAND PATH, DR ZAKIR HUSSAIN PATH, SORUMOTORIA, PS DISPUR, GUWAHATI, KAMRUP M, ASSAM 781036 Advocate for the Petitioner : J DAS, MR. P. CHOUDHURY,MS. B CHOUDHURY Advocate for the Respondent : DR. N BAROOAH, with Case : CRP(IO)/231/2025 (D/O) MONMEE SENAPATI W/O SRI ROHIT DUTTA MEDHI PRESENTLY RESIDING AT HOUSE NO 926 10TH BYE LANE GREEN LAND PATH DR ZAKIR HUSSIAN PATH SORU Page No.# 2/5 MOTORIA UNDER DISPUR PS GUWAHATI 36 ASSAM VERSUS SRI ROHIT DUTTA MEDHI S/O SRI MONTOSH DUTTA MEDHI PERMANENT R/O HOUE NO 106 HATIGAON BHETAPARA ROAD HATIGAON PS HATIGAON GUWAHATI 38 ASSAM PRESENTLY RESIDING AT FLAT 1803 TOWER B IITL NIMBUS HYDE PARK GH 03 SECTOR 78 NOIDA GAUTAM BUDH NAGAR UTTAR PRADESH ------------ Advocate for : DR. N BAROOAH Advocate for : J DAS appearing for SRI ROHIT DUTTA MEDHI BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 17.06.2026 [1] Heard Mr. P. Choudhury, the learned counsel for the applicant. Also heard Dr. N. Barooah, the learned counsel for the respondent. [2] This interlocutory application has been filed by the applicant, namely, Shri Rohit Dutta Medhi, praying for modification of the order dated 09.12.2025, passed by this court in I.A.(C) No. 3618/2025 in connection with CRP(IO) No. 231/2025. [3] The learned counsel for the applicant has submitted that since a divorce case is pending before the Principal Judge, Family Court No. III, i.e., F.C.(Civil) Case No. 1307/2024 as well as a guardianship case being the Misc. (G) Case No. 192/2024 is also pending, the Page No.# 3/5 applicant apprehends that since in this court while passing the order dated 09.12.2025, in I.A.(C) No. 3618/2025 had made certain observations regarding facts which the petitioner claims that he has disputed, it may hamper his chances of getting a favourable order in both the aforementioned cases. He also apprehends that the observations made as regards certain facts in paragraph No. 20 of the said order may also influence the trial court since said observations are made by this court. [4] On the other hand, the learned counsel for the respondent submits that the observations made by this court in paragraph Nos. 18 and 21 of the order dated 09.12.2025 were necessary for arriving at decision in the said interlocutory application, i.e. I.A.(C) No. 3618/2025 and same cannot be modified now as there is no basis for the same. She, however, concedes to a proposal given by this court to the effect that an observation may be made that the observations made in paragraph Nos. 18 and 20 of the order may not influence the trial court while deciding the guardianship case and the divorce case and same shall be decided on merits. [5] This court is also of the opinion that since the petitioner has not mentioned in the instant interlocutory application as to under what provisions of law the said interlocutory application has been filed, it is Page No.# 4/5 liable to dismissed on that ground alone. Further, it is also in agreement with the submissions made by the learned counsel for the respondent that observations made in paragraph Nos. 18 and 20 were necessary in arriving at a conclusion in the said order and same cannot be modified now at this belated stage. Hence, the prayer for modification of the order dated 09.12.2025 is hereby rejected. [6] However, for the ends of justice an observation is made that the trial court, i.e. the Family Court No. III, before which the guardianship and the divorce case between the parties are pending, shall not be influenced in any manner by the observations made in the order dated 09.12.2025 and the said cases shall be decided on their own merits. [7] The learned counsel for the respondent has also pointed out that though by the order dated 09.12.2025, passed in I.A.(C) No. 3618/2025, a direction was given to the Probation Officer-cum-District Child Protection Officer, Kamrup(M) to submit a report after visiting the residence of applicant, directly to the Principal Judge, Family Court No. III, Kamrup(M). However, the learned counsel for the respondent submits that instead of sending the said report to the Principal Judge, Family Court No. III, same is sent to this court and same is tagged with the case record of CRP (IO) No. Page No.# 5/5 231/2025, she prays for directing the Registry to send the said report to the court of the Principal Judge, Family Court No. III, Kamrup(M). [8] The Registry shall do so. It shall send the report of Probation Officer-cum-District Child Protection Officer, Kamrup(M) to the Principal Judge, Family Court No. III, Kamrup(M) immediately. [9] With the above observations, this interlocutory application is disposed of. JUDGE Comparing Assistant