Gajiur Rahman vs Nurjahan Begum
2021 Latest Caselaw 1692 Gua

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GAHC010076512021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Crl.Pet./309/2021

            GAJIUR RAHMAN
            S/O ABU BAKKAR SIDDIQUE, R/O HAHCHARA, PO BAGODI, PS BARPETA,
            DIST. BARPETA, ASSAM



            VERSUS

            NURJAHAN BEGUM
            W/O GAJIUR RAHMAN, D/O LT. NAZRUL ISLAM, R/O VILL-
            UMACHARANPUR (WEST BENGAL), PO CHOOTE SALKUMAR, PS
            FALAKATA, DIST. ALIPURDUAR, WEST BENGAL, INDIA



Advocate for the Petitioner   : MR. A PARAMANIK

Advocate for the Respondent :




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                          ORDER

Date : 23.07.2021

Heard Mr. A. Paramanik, learned counsel for the petitioner and Mr. R. Kaushik, learned APP appearing for the State.

It is seen that by the impugned judgment, maintenance was awarded Page No.# 2/2

under section 125 Cr.P.C. However, the order was passed by the Family Court. It further appears to the Court that as per provisions of section 19 of the Family Court Act, it is provided that notwithstanding anything contained in the Code of Civil Procedure or in the Code of Criminal Procedure, or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a Family Court both on facts and on law.

Accordingly, the learned counsel for the petitioner shall make his submissions by taking note of section 19 of the Family Courts Act as to the maintainability of the present Criminal Petition.

List on 27.07.2021.

JUDGE

Comparing Assistant