Page No.# 1/4 vs Kajima Begum
2022 Latest Caselaw 1813 Gua

                                                                       Page No.# 1/4

GAHC010098902022




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

                           Case No. : Crl.Rev.P./242/2022

         JAHANUR RAHMAN AND 4 ORS
         S/O KADAM ALI SK
         R/O VILL- NAYAPARA, PART-I, PO. BAHATI, P.S. MATIA, PIN-783101,
         DIST. GOALPARA, ASSAM

         2: KADAM ALI
          S/O LT. KUDUTALI MUNSHI
         R/O VILL- NAYAPARA
          PART-I
          PO. BAHATI
          P.S. MATIA
          PIN-783101

         DIST. GOALPARA
         ASSAM

         3: JAHURA KHATUN
         W/O KADAM ALI
         R/O VILL- NAYAPARA
          PART-I
          PO. BAHATI
          P.S. MATIA
          PIN-783101

         DIST. GOALPARA
         ASSAM

         4: KAYAUM ALI
          S/O KADAM ALI
         R/O VILL- NAYAPARA
          PART-I
          PO. BAHATI
          P.S. MATIA
          PIN-783101
                                                                          Page No.# 2/4


             DIST. GOALPARA
             ASSAM

             5: ANJUMA BEGUM
              D/O KADAM ALI
             R/O VILL- NAYAPARA
              PART-I
              PO. BAHATI
              P.S. MATIA
              PIN-783101

             DIST. GOALPARA
             ASSA

             VERSUS

             KAJIMA BEGUM
             D/O MD. ALI
             VILL- BOUSIAPARA, P.O. GOALPARA, P.S. AND DIST. GOALPARA,
             PIN-783101



Advocate for the Petitioner   : MR. N B P SINGHA

Advocate for the Respondent :


                                         BEFORE

                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

26.05.2022

Judgment and Order dated 26.10.2021, passed by the learned Additional Chief Judicial Magistrate, Goalpara in Domestic Violence Case No. 419/2016, and the Judgment and Order dated 30.04.2022, passed by the learned Additional District & Sessions Judge, Goalpara in Criminal Appeal No. 17/2021, is challenged in this petition under Sections 397/401 read with Section 482 of the Page No.# 3/4

Cr.P.C., by 5(five) petitioners, namely, 1. Jahanur Rahman, 2. Kadam Ali, 3. Jahura Khatun, 4. Kayaum Ali and 5. Anjuma Begum.

It is to be mentioned here that vide impugned Judgment and Order dated 26.10.2021, the learned Additional Chief Judicial Magistrate, Goalpara in Domestic Violence Case No. 419/2016 prohibited the petitioners from

(i)committing any act of domestic violence; (ii)aiding or abetting in the commission of acts of domestic violence; (iii)alienating the assets of the applicant/aggrieved person including her stridhan; (iv)causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence;(v) causing violence to the applicant in any manner, either by physical abuse or by verbal abuse and further directed to pay a sum of Rs 3,500/- per month from the date of filing of the petition and vide impugned Judgment and Order dated 30.04.2022, in Criminal Appeal No. 17/2021, the learned Additional District & Sessions Judge, Goalpara has affirmed the Judgment and Order of the learned Additional Chief Judicial Magistrate, Goalpara, dated 26.10.2021.

Heard Mr. N.B.P. Singha, learned counsel for the petitioners.

Let notice be issued, returnable in 4(four) weeks. Steps be taken by registered post and also by usual process.

Call for the scanned copy of the records from the learned Court below.

Though the learned counsel for the petitioners have prayed for staying operation of both the Impugned Judgment and Order, yet considering the facts and circumstances on the record, this Court is not inclined to grant any interim relief at this stage. However, after receiving the record from the learned Court below, the prayer of the learned counsel will be considered.

Page No.# 4/4

List the matter after 4(four) weeks.

JUDGE

Comparing Assistant