Page No.# 1/4 GAHC010216912026 2026:GAU-AS:14644 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1370/2026 RITUMONI KAKATI S/O- SRI SAILEN KAKATI, RESIDENT OF VILLAGE- PACHARIA DHINGARBARI, P.O.-PACHARIA, P.S.- HAJO IN THE DISTRICT OF KAMRUP RURAL, ASSAM, PIN-781104. VERSUS MOUSUMI THAKURIA D/O- SRI KRISHNARAM THAKURIA, RESIDENT OF VILLAGE- KEOTPARA, P.O.-SUALKUCHI, P.S.- SUALKUCHI IN THE DISTRICT OF KAMRUP RURAL, ASSAM-781103 Advocate for the Petitioner : MR. V K CHANDAK, MR N BARUAH Advocate for the Respondent : , - B e f o r e - Hon’ble Mr. Justice Robin Phukan O R D E R 01.10.2026 Heard Mr. P. Choudhury, learned counsel appearing on behalf of Mr. N. Page No.# 2/4 Baruah, learned counsel for the petitioner. 2. In this petition, under Section 528 of the BNSS, 2023, read with Article 227 of the Constitution of India, the petitioner has prayed for vacating/modifying the order dated 31.08.2026, passed by the learned Principal Judge, Family Court-I, Kamrup(M), Guwahati, in F.C. (Criminal) Case No. 119/2021. 3. It is to be noted here that vide impugned order dated 31.08.2026, the learned Principal Judge, Family Court-I, Kamrup(M), Guwahati after hearing both the parties, has fixed the matter on 05.10.2026, for judgment. 4. Mr. Choudhury, learned counsel for the petitioner submits that the petitioner is the husband of the respondent and two cases, one F.C. (Civil) Case No. 432/2020 and another F.C. (Criminal) Case No. 119/2021 between them are pending before the learned Principal Judge, Family Court-I, Kamrup(M), Guwahati, and both the cases have arisen out of the identical facts, out of the same transaction, based upon the same evidence, and the parties are also identical. Mr. Choudhury also submits that F.C. (Criminal) Case No. 119/2021 was fixed on 31.08.2026, on which date the parties were present and the opposite party/petitioner herein had prayed for an adjournment, vide petition No. 1168/2026. But, the same was rejected by the learned Court and thereafter, hearing both the parties, fixed the matter on 05.10.2026, for judgment. 4.1. Drawing the attention of this Court to the order dated 31.08.2026, passed in F.C.(Civil) Case No. 432/2020, Mr. Choudhury submits that in the said case, the learned Principal Judge, Family Court-I, Kamrup(M), Guwahati has reflected that the petitioner/respondent herein was present on that day and the respondent/petitioner herein was absent with step showing cause of absence, and thereafter, the learned Principal Judge had fixed the matter on 25.11.2026, Page No.# 3/4 for objection hearing. 4.2. Mr. Choudhury further submits that since both the matters are pending before the learned Principal Judge and in one matter, the learned Principal Judge had granted adjournment and fixed the matter on 25.11.2026, for objection hearing and the other matter had been fixed 05.10.2026, for judgment. It is the categorical contention of Mr. Choudhury that the petitioner herein, in fact, was not granted the opportunity of being hearing on 31.08.2026, and without hearing the petitioner herein, the matter was fixed on 05.10.2026, for judgment. 4.3. Mr. Choudhury has further pointed out that the parties in both the cases are same and arising out of the same facts and based upon same evidence and as such, both the matters ought to have been heard together and instead of doing so and without giving an opportunity of being heard to the present petitioner, the learned Principal Judge had fixed F.C. (Crl.) Case No. 119/2021 on 05.10.2026, for judgment and thereby serious prejudice is caused to the petitioner and therefore, he has contended to allow the petition. 5. Having heard the submission of Mr. Choudhury, learned counsel for the petitioner, this Court has carefully gone through the petition and the documents placed on record, and also perused the impugned order dated 31.08.2026, passed in F.C. (Criminal) Case No. 119/2021 and the order dated 31.08.2026, passed in F.C. (Civil) Case No. 432/2020. 6. It appears that while F.C. (Civil) Case No. 432/2020 had been adjourned by the learned Principal Judge, fixing the matter on 25.11.2026, for objection hearing, but it had fixed F.C. (Criminal) Case No. 119/2021, on 05.10.2026, for judgment. Further, it appears that though it has been stated in the impugned Page No.# 4/4 order, dated 31.08.2026, that both the parties were heard, yet on that day, the petitioner herein was not present and as such, without hearing the petitioner, the learned Principal Judge had fixed the matter for judgment. And as such, the impugned order dated 31.08.2026, fails to withstand the legal scrutiny as the right to fair trial of the petitioner has been violated herein this case. It is to be noted here that in fair trial fair opportunity has to be affected to both the parties. 7. In that view of the matter, the impugned 31.08.2026, passed in F.C. (Criminal) Case No. 119/2021, stands set aside and quashed. The learned Principal Judge, Family Court-I, Kamrup(M), Guwahati is directed to hear F.C. (Criminal) Case No. 119/2021, along with F.C. (Civil) Case No. 432/2020, and also to afford an opportunity of being heard to the petitioner before pronouncement of the judgment in F.C. (Criminal) Case No. 119/2021. 8. In terms of above, this petition stands disposed of at this motion stage itself. JUDGE Comparing Assistant