CRP 32/2017. Gauhati High Court
| Case Number | CRP 32/2017 |
| Judgement Date | March 29, 2021 |
| Court | Gauhati High Court |
THE GAUHATI HI GH COURT
( THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM & ARUNACHAL PRADESH)
CRP 32 of 2017
JAHANARA BEGUM .... Petitioners
Vs.
RUSTOM ALI BHUYAN .... Respondents
BEFORE
HON’BLE MR. JUSTI CE KALYAN RAI SURANA
Advocates for the Petitioners : Mr. M.A. Sheikh, Mr. M. Hossain,
: Mr. K.U. Ahmed, Ms. F. I ntaz.
Advocates for the Respondents : None.
Date of hearing & Order : 29.03.2017
JUDGMENT AND ORDER
Heard Mr. M.A. Sheikh, the learned counsel for the petitioner.
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By filing this application under Article 227 of the Constitution of I ndia, the petitioner has assailed the order dated 03.10.2016 passed by the Learned Principal Judge, Family Court, Guwahati, in Misc.(J) Case No. 45/ 2013. By the said order, the said learned court dismissed the application filed under section 5 of the Limitation Act, 1963 for condoning 5843 (i.e. 16 years 3 days) delay in filing a suit seeking declaration of talaknama/ talak dated 23.04.1994 by the Respondent against the petitioner as illegal and un-operational in law and for a decree declaring the marital status of the petitioner as the wife of the respondent.
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The learned counsel for the petitioner strenuously argued the matter at quite some length and projected that the marriage between the petitioner and the respondent was solemnized on 18.02.1994 and consummated. However, by issuing a talaknama dated 23.04.1994, the respondent made an attempt to end their
CRP 32 of 2017 Page 1 of
relationship, which was received by the petitioner on 04.06.1994 by registered post. Thereafter, the petitioner filed a suit, being T.S. No. 382/ 94, inter-alia, seeking somewhat similar prayer as in the present suit. The said suit was dismissed by the learned Civil Judge (Junior Division) No.2, Guwahati by judgment and decree dated
21.06.2011. The dismissal of suit was challenged by filing Title Appeal No. 61/ 2011, which was also dismissed by the learned Civil Judge (Senior Division) No.3, Guwahati by first appellate judgment and decree dated 22.01.2013. This is referred to as “the first round of litigation”, which had arisen out of Title Suit No. 382/ 94.
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The petitioner thereafter filed F.C.(Crl.) Case No. 67/ 94, under section 125 Cr.P.C., claiming maintenance, but the same was dismissed by the learned Principal Judge, Family Court, Guwahati by judgment and order dated 05.09.1998. The said judgment was set aside by this Court by judgment and order dated
05.09.1998 passed in Crl. Rev. No. 446/ 98 and the matter...
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