Gauhati High Court

Page No.# 1/4 vs Smt Jaya Changmai on 8 May, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                    Page No.# 1/4

GAHC010083102025




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

                            Case No. : Crl.Rev.P./164/2025

         BISWAJEET BARUAH AND 2 ORS.
         S/O KUMUD CHANDRA BORUAH R/O FLAT NO. 6A6, DISHA ENCLAVE,
         ARUNODOI PATH, CHRISTIAN BASTI, GUWAHATI, PS- DISPUR P.O.
         CHRISTIANBASTI, DIST- KAMRUP (M), ASSAM- 781005

         2: SRI KUMUD CHANDRA BORUAH
          S/OLT.S. BORUAH
         R/O FLAT NO. 6A6
          DISHA ENCLAVE

         ARUNODOI PATH
         CHRISTIAN BASTI
         GUWAHATI
         P.S. DISPUR
         P.O. CHRISTIAN BASTI
         DIST. KAMRUP (M)
         ASSAM
         PIN-781005

         3: SMT. RAJU BORUAH
          C/O KUMUD CHANDRA BORUAH
         R/O FLAT NO.6A6
          DISHA ENCLAVE
         ARUNODOI PATH

         CHRISTIAN BASTI
         GUWAHATI
         P.S. DISPUR
         P.O. CHRISTIAN BASTI

         DIST. KAMRUP (M)
         ASSAM
         PIN-78100
                                                                           Page No.# 2/4

            VERSUS

            SMT JAYA CHANGMAI
            D/O- SRI MOHAN CHANGMAI, R/O- HIRIMBAPUR NEAR HIRIMBAPUR
            GANESH MANDIR, SURUJ NAGAR ROAD, ODALBAKRA, KAHILIPARA,
            GUWAHATI- 781034. PS DISPUR, PO- KAHILIPARA, DIST- KAMRUP (M),
            ASSAM,



Advocate for the Petitioner : MR. B D KONWAR SR. ADV., H BAISHYA,MS M
ZOMUANPUII,MR P DOLEY,MRS J M KONWAR

Advocate for the Respondent : ,




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                       ORDER

Date : 08.05.2025

1. Heard Mr. B. D. Konwar, learned Senior Counsel assisted by Ms. H. Baishya, learned counsel for the petitioners.

2 This is an application filed under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of the order dated 24.03.2025, passed by the learned Additional District Judge (FTC) No.4, Kamrup(Metro), Guwahat in Criminal Appeal No.03/2024 arising out of DV. Case No.82/2023.

3. The gist of the case is that the husband and the wife are maintaining an estranged relationship therefore the husband resides in his shop, the mother of the husband owns a flat at Guwahati and she along with her husband lives at Jagiroad.

Page No.# 3/4

The flat at Guwahati is occupied by the estranged wife of the husband.

4. In the Judgment dated 24.03.2025, Additional District Judge (FTC) No.4, Kamrup (Metro), Guwahat in Criminal Appeal No.03/2024 has passed an order it reads as under:

If it is jointly owned by the appellant husband and mother-in-law, the court has the discretion to decide the point, however judiciously.

5. Mr. Konwar, learned Senior Counsel has submitted that the present petitioners are aggrieved by the aforesaid observation.

6. According to Mr. Konwar, the Court should have framed an issue to decide as to who is the owner of the said flat, before proceeding further with trial of the case.

7. Mr. Konwar has pointed out that the learned Trial Court had decided to settle that issue at the end of the trial.

8. I have considered the submissions made by learned counsel for petitioners.

9. This Court is of the opinion that the submission made by Mr. Konwar has force in it.

10. No notice is required to be issued to the estranged wife at this stage.

11. The Trial Court of learned Judicial Magistrate First Class No.4, Kamrup(M) at Guwahati in respect of DV. Case No.82/2023 is directed to decide this issue at first before proceeding further with the entire case.

Page No.# 4/4

12. The Trial Court shall expeditiously dispose of the matter.

13. This Criminal Petition is disposed of in motion stage.

JUDGE

Comparing Assistant