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Tripura High Court

Julia Chakma vs Kanup Chakma on 5 July, 2018

Author: Arindam Lodh

Bench: Arindam Lodh

                              Page 1 of 2


                    HIGH COURT OF TRIPURA
                          AGARTALA

                         Crl Rev. P 36/2018

Julia Chakma
                                                       ----Petitioner(s)
                               Versus

Kanup Chakma
                                                    ----Respondent(s)

For Petitioner(s) : Mr. D. Saha, Advocate For Respondent(s) : None HON'BLE MR. JUSTICE ARINDAM LODH Order 05/06/2018 Heard Mr. D. Saha, learned counsel appearing for the petitioner. Issue notice calling upon the respondent to show cause as to why the instant criminal revision petition shall not be admitted, as prayed for; and/or why such further and other order(s) shall not be passed as to this Court may deem fit and proper.

Notice is made returnable on 23.08.2018. The petitioner shall take steps for service of notice upon the respondent within 7(seven) days by registered post with AD. Heard learned counsel appearing on behalf of the petitioner on the prayer for stay also who submits that the petitioner had filed a petition for maintenance under Section 125 of the Cr.P.C. against the respondent.

It was the case of the petitioner that she was the legally married wife of the respondent, but during the proceeding the Judge, Family Court, Kailasahar, Unakoti, Tripura has held that the petitioner is not the wife of the respondent and her petition for maintenance under Page 2 of 2 Section 125 Cr.P.C. has been rejected vide judgment dated 31.05.2018 in connection with Criminal Misc. 125-III-2017. Learned counsel for the petitioner has further submitted that the petitioner apprehends that in view of the decision arrived at by the Judge, Family Court, Kailasahar, Unakoti, there is every chance for the respondent to get married again.

I find force in the submission of learned counsel appearing on behalf of the petitioner and having considered, the operation of the impugned judgment dated 31.05.2018 passed by the Judge, Family Court, Kailasahar, Unakoti in Criminal Misc. 125-III-2017 is stayed till the returnable date.

JUDGE Saikat