Gajiur Rahman vs Nurjahan Begum
2021 Latest Caselaw 1708 Gua

                                                                                      Page No.# 1/2

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
                     HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN


                                                ORDER

27.07.2021.

Heard the learned counsel for the petitioner.

Today the learned counsel for the petitioner has submitted that the present petition is maintainable Page No.# 2/2

against the order so passed by the learned Family Court, under Section 125 of the CrPC, as per provision of Section 7 & 19(4) of the Family Court Act.

Of course, in view of the mandate under Section 19(4) of the Family Court Act, the revision is maintainable as against the judgment and order passed under Chapter-9 of the CrPC, which is not an inter-locutory order.

However it is seen that the petition has been registered as Criminal Petition, as the application was made under Section 482/401 of the CrPC, for quashing and setting aside the judgment of the learned Family Court.

As the Criminal Revision is maintainable, let the Criminal Petition be converted to Criminal Revision Petition accordingly.

The Registry will do the needful.

The Revision is accordingly admitted for hearing, subject to payment of 50% of the awarded amount by the Family Court, Barpeta, per month, as per the impugned judgment dated 20.03.2021, passed in F.C. Criminal No.82/2018, along with arrear.

The petitioner is directed to deposit the same before the trial Court accordingly.

Let notice be issued to the respondent wife by Regd. Post with A/D as well as by usual process, returnable in four weeks.

Let the scan copy of the LCR be called for, from the concerned Court.

List the matter accordingly.

JUDGE

Comparing Assistant