Page No.# 1/5 GAHC010250742024 2025:GAU-AS:726 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./484/2024 KIRAN SENA RAJKUMAR AND 3 ORS S/O KULA SENA RAJKUMAR R/O SILCHAR, TRAPUR, VIVEKANANDA ROAD, LANE NO. 9, USHA NIVAS, HOUSE NO. 36, P.O. VIVEKANANDA ROAD, P.S. SILCHAR, IN THE DISTRICT OF CACHAR, ASSAM, PIN-788007 2: KULA SENA RAJKUMAR S/O LATE KANUNG SENA RAJKUMAR R/O SILCHAR TARAPUR VIVEKANANDA ROAD LANE NO. 9 USHA NIVAS HOUSE NO. 36 P.O. VIVEKANANDA ROAD P.S. SILCHAR IN THE DISTRICT OF CACHAR ASSAM PIN-788007 3: USHA RAJKUMARI W/O KULA SENA RAJKUMAR R/O SILCHAR TARAPUR VIVEKANANDA ROAD LANE NO. 9 USHA NIVAS HOUSE NO. 36 P.O. VIVEKANANDA ROAD P.S. SILCHAR Page No.# 2/5 IN THE DISTRICT OF CACHAR ASSAM PIN-788007. 4: KRIM SENA RAJKUMARI W/O ASHISH SINHA R/O VILL- CHOUDHURY KONA P.O. NETAJI NAGAR RAMKRISHNA NAGAR IN THE DISTRICT OF KARIMGANJ (SRIBHUMI) ASSAM PIN-78816 VERSUS BANDITA SINHA W/O KIRAN SENA RAJKUMAR D/O SRI BANGSHI SINHA, R/O BASISTHA CHARIALI PATACHARKUCHI, LECHIA NAGAR, P.O. AND P.S. BASISTHA, IN THE DISTRICT OF KAMRUP (M), ASSAM, PIN- 781029 Advocate for the Petitioner : MS. R S SADIAL, MS S Z HAYAT,MR. M R SODIAL,MR. M L PANDIA Advocate for the Respondent : MR. K THAKUR, MS. B SINHA BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 24.01.2025 Heard Mr. M. R. Sordial, learned counsel for the petitioners. Also heard Mr. K. Thakur, learned counsel for the sole respondent. 2. This is an application under Section 442 read with Section 438 and 528 of Page No.# 3/5 the BNSS, 2023 praying for setting aside the impugned Order dated 26.09.2024, passed by the learned Judicial Magistrate First Class, Kamrup (M), in D.V. Case No. 50/2024. 3. Mr. Sordial, learned counsel for the petitioners, submitted that the petitioner No. 1 is the husband of the present respondent and their marriage was solemnized on 17.01.2021 before the Marriage Officer, Kamrup(M), Guwahati. The respondent, herein, instituted a case under Section 12 of the Protection of Women from Domestic Violence Act, 2002 against the present petitioners, which was registered as D.V. Case No. 50/2024, and currently pending before the Court of learned JMFC, Kamrup(M), Guwahati and presently, the case is at the stage of arguments. He further submitted that vide the impugned order dated 26.09.2024, the learned Trial Court had struck off the defence of the petitioners due to non-appearance of the present petitioners and the case has already proceeded ex parte. However, he submitted that the present petitioners could not appear before the Court as the petitioner No. 1 met with an accident and was undergoing treatment at hospital. Moreover, the petitioner No. 4, who is the sister of the petitioner No. 1, delivered a baby and the petitioner Nos. 2 & 3 are the aged old parents of the petitioner No. 1. Thus, he submitted that due to the aforesaid inconvenience on the part of the petitioners, they could not appear before the learned Trial Court below. However, they are now ready and willing to appear before the learned Trial Court below and to file their written statements. More so, he submitted that the petitioners had already preferred petition seeking adjournment, but the same was rejected by the learned Trial Court below vide order dated 05.11.2024. Accordingly, he submitted that the present petitioners may be allowed to appear Page No.# 4/5 before the learned Trial Court below and to file their written statements and the affidavits on assets and liabilities by setting aside the impugned orders. 4. On the other hand, Mr. Thakur, learned counsel for the respondent, submitted that the present petitioners are intentionally avoiding their appearances before the learned Trial Court below, though the petitioner No. 1 and his parents, i.e. petitioner Nos. 2 & 3, are appearing in the maintenance proceeding. Hence, only to harass the present respondent, the present petitioners are avoiding their appearance in the present case. More so, he submitted that the respondent is suffering from severe financial hardship to maintain herself and accordingly she also made a prayer for interim maintenance before the learned Trial Court below, but due to absence of the present petitioners, the same could not be heard and hence, she is not provided with any maintenance till date. Accordingly, Mr. Thakur raised objection and submitted that the present petitioners are deliberately trying to delay the disposal of the present proceeding and therefore he submitted that the present petition may be dismissed. 5. After hearing the submissions made by the learned counsels for both sides, it is seen that the case is pending for a considerable period and there was delay in disposal of the case only due to non-appearance of the present petitioners as respondents. Further it is also seen that the Court had given several opportunities to the present petitioners to appear before the Court and to contest the case, but in spite of such opportunities, the petitioners did not appear before the learned Trial Court below and for which, the order dated 26.09.2024 had to be passed by the learned JMFC, Kamrup(M) in D.V. Case No. Page No.# 5/5 50/2024. Thus, it is seen that there is no illegality or irregularity committed by the learned Trial Court below. 6. However, considering the submissions made by the learned counsel for the petitioners, the grounds brought in the present petition, I find that one opportunity may be given to the present petitioners to appear before the learned Trial Court below and to contest the case. Accordingly, the petitioners are hereby directed to appear before the learned Trial Court below on the next date fixed and to file their Written Statements along with the Affidavits on Assets and Liabilities. Further, the respondent is at liberty to file an appropriate application praying for interim maintenance if she is facing financial hardship and the learned Trial Court below, considering the Assets and Liabilities of both the parties, may pass necessary order in that regard. 7. With the above observation and direction, the present petitioner stands disposed of. JUDGE Comparing Assistant