Gauhati High Court
Kh. Sanjeev Kumar Singh vs Smti. O. Mema Devi on 7 June, 2019
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/2
GAHC010126162019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet. 626/2019
1:KH. SANJEEV KUMAR SINGH
S/O KH. SHANTI KUMAR SINGH, R/O VILL-RONGPUR PT-II, P.O.-RONGPUR,
P.S.-SILCHAR, DIST-CACHAR, ASSAM, PIN-788009
VERSUS
1:SMTI. O. MEMA DEVI
D/O OKRAM CHURAMANI SINGHA, W/O KH. SANJEEV KUMAR
SINGH,VILL-BOALJUR, P.O.-SINGARI, P.S.-SILCHAR, DIST-CACHAR,
ASSAM, PIN-788007
Advocate for the Petitioner : MR. A M BORA
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 07-06-2019 Heard Mr. A.M. Bora, learned Sr. counsel for the petitioner. This petition is preferred against the judgment and order dated 28-05-2019 passed by the learned Sessions Judge, Cachar at Silchar directing the petitioner (husband) to handover the custody of the minor child to the respondent (wife).
Mr. Bora submits that Section 97 of the Cr.P.C. would not have any application in the facts of the present case and therefore, the impugned order is wholly without jurisdiction.
Page No.# 2/2 It is also the submission of Mr. Bora that the respondent has voluntarily left the association of her husband due to various ailments suffered by her and therefore, she is not in a position to take care of the minor child.
Mr. A.U. Ahmed, learned counsel submits that he has instruction to appear in this case on behalf of the respondent and therefore, seeks 01 week's time to place on record the duly executed vakalatnama from his client.
Issue notice returnable on 26-09-2019.
Petitioner to take steps for service of notice upon the respondent by registered post with A/D. In the meantime, Mr. Ahmed would be at liberty to place on record, the duly executed vakalatnama from his client.
Considering the nature of controversy raised in this proceeding, an attempt would be made to dispose of the petition at the stage of admission hearing.
Heard on the prayer of interim relief.
Considering the facts and circumstances of the case, the operation of the impugned judgment and order dated 28-05-2019 passed in Criminal Revision No. 23/2019 is suspended till the returnable date.
JUDGE GS Comparing Assistant