Mat.App. 2/2011 BEFORE HON’BLE THE CHIEF JUSTICE MR. MADAN B. LOKUR HON’BLE MR. JUSTICE A.C.UPADHYAY The appellant is aggrieved by a Judgment dated 30.11.2009 and decree dated 4.12. 2009 in F.C. (Civil) Case No. 42/2009 decided by the Family Court, Cachar, Silch ar. It appears that the respondent/wife filed a petition for dissolution of her marr iage with the appellant/husband under Section 13(i) (ia) of the Hindu Marriage A ct, 1955. During pendency of the proceedings, the respondent/wife filed an application in which she stated that she was willing to divorce the appellant/husband and relin quish her claim for maintenance as well as litigation expenses of ‘ 5000/-. It appears that on this basis, the appellant/husband stopped appearing in the ma tter and ultimately an ex-parte decree of divorce was granted to the respondent/ wife. According to learned counsel for the appellant/husband, notwithstanding the Misc . Case filed by the respondent/wife, the Family Court granted her permanent alim ony of ‘ 2 lakhs and an amount of ‘ 3000/- as litigation expenses. Feeling aggrieved by this award of permanent alimony as well as litigation costs , the appellant/husband has preferred this appeal. Learned counsel for the respondent/wife after taking instructions from his clien t says that he would like to press the claim for permanent alimony and also paym ent of costs. As far as learned counsel for the appellant/husband is concerned, he has no obje ction to the grant of divorce but he has serious objection to the grant of perma nent alimony to the respondent/wife or payment of any litigation expenses to her . In our opinion, since the issue of permanent alimony as well as litigation expen ses was not at all adverted to by the appellant/husband in view of the misc. app lication filed by the respondent/wife, it would be appropriate if the issue of p ermanent alimony to the respondent/wife is adjudicated afresh by the Family Cour t at Cachar, Silchar. Admittedly, the appellant/husband was not heard in the matter since he had no ob jection to the grant of divorce and he also had no objection to the relinquishme nt made by the respondent/wife for the claim of permanent alimony as well as lit igation expenses. Now that learned counsel for the respondent/wife insists on re ceiving permanent alimony as well as litigation expenses, the only appropriate c ourse is to have the matter adjudicated afresh on this issue by giving an opport unity to the appellant/husband to place his case before the Family Court. In the circumstances, we partially set aside the judgment dated 30.11.2009 and d ecree dated 4.12.2009 passed by the Family Court and remit the matter back for a djudication afresh on the quantum of permanent alimony, if any and the litigatio n expenses, if any due to the respondent/wife. Parties are directed to appear before the Family Court, Cachar, Silchar on 6.5.2 011 for further proceedings. With the above directions, this appeal stands disposed of.