Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 10467 (GAU)

RAJU SAH v. THE STATE OF ASSAM AND ANR

Crl.Rev.P./112/2025 · 2025-04-08

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010073882025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./112/2025 RAJU SAH S/O- PASHUPATI SAH, R/O- HATIGAON, H.NO-4, BISHNUJYOTI PATH, A.K AZAD PATH, SIJUBARI, P.O- HATIGAON, P.S- HATIGAON, DIST- KAMRUP (M), ASSAM, PERMANENT ADDRESS- R/O- WARD NO.2, SARBHOG, BARPETA, P.O- SARBHOG, DIST- BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:MUSKAN KUMARI D/O- RAKESH KUMAR GUPTA C/O- MD. RAJU ISLAM GARIGAON GAONBURAHPARA P.O- GARIGAON P.S- JALUKBARI DIST- KAMRUP (M) ASSAM PIN-78101 Advocate for the Petitioner : MR S M ABDULLAH P, J S AHMED,MD IMRAN,MD R ISLAM,MR. S RANA,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 09.04.2025 Heard Mr. SM Abdullah P, the learned counsel appearing for the petitioner. Also heard Ms. S.H. Borah, the learned Addl. Public Prosecutor, Assam. 2. This application has been filed under Section 438 and 442 of the BNSS, 2023 read with Section 19(4) of the Family Court’s Act, 1984. 3. The petitioner being the husband filed the case under Section 11 of the Hindu Marriage Act, 1955 praying for a decree declaring nullity of marriage with his wife. 4. This petition was dismissed by the learned Family Court. 5. Mr. Abdullah P has submitted that in the Family Court, the litigants themselves conducted the proceedings without the help of a lawyer and the present petitioner had sighted some wrong provisions and for that matter, his case was dismissed. 6. I have gone through the impugned order. 7. This Court is of the opinion that the submission made by the learned counsel for the petitioner has force in it. Therefore, the impugned order is set aside. 8. The matter is remanded to the Principal Judge, Family Court No.II, Kamrup (M), Guwahati for deciding the same afresh. With the aforesaid direction, the revision petition stands disposed of at the Motion stage. JUDGE Comparing Assistant