Gauhati High Court
Page No.# 1/3 vs Smt. Niharika Goswami on 18 March, 2021
Author: Hitesh Kumar Sarma
Bench: Hitesh Kumar Sarma
Page No.# 1/3
GAHC010054142021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./189/2021
ARUN KUMAR SARMA AND ANR
S/O LATE TANESWAR SARMA, R/O HOUSE NO. 8, SAI VARDAN, AUDITECH
STUDIO LANE, M.T. ROAD, P.O. AND P.S.-NOONMATI, GUWAHATI-781020,
DIST-KAMRUP(M), ASSAM
2: SMT. KAMALA SARMA
W/O ARUN KUMAR SARMA
R/O HOUSE NO. 8
SAI VARDAN
AUDITECH STUDIO LANE
M.T. ROAD
P.O. AND P.S.-NOONMATI
GUWAHATI-781020
DIST-KAMRUP(M)
ASSAM
VERSUS
SMT. NIHARIKA GOSWAMI
D/O MR. SUBASH CHANDRA GOSWAMI, R/O HOUSE NO. 10, KANAKLATA
PATH, LACHIT NAGAR, GUWAHATI-781007, DIST-KAMRUP(M), ASSAM
Advocate for the Petitioner : MR. S K GOSWAMI
Advocate for the Respondent :
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 18-03-2021 Heard Mr. SK Goswami, learned counsel for the petitioners. This application under Section 482 of the Cr.PC has been filed seeking quashment of the proceeding of Misc. Case (DV) No. 85 M/2016 as well as the order, dated 23.09.2016 granting interim monetary relief to the alleged aggrieved person.
Petitioners to take steps for service of notice upon the sole respondent by registered post with A/D and through the Officer-in-Charge of the jurisdictional Police Station within a period of 5 (five) days.
Heard Mr. Goswami, learned counsel for the petitioners, on the interim prayer. Perused the petition as well as the annexures furnished therewith. It has been submitted by the learned counsel for the petitioners that in the aforesaid Misc. Case (DV) No. 85M/2016, an order was passed on 03.10.2018 to pay the interim monetary relief of Rs. 10,000/- per month to the aggrieved person by the respondent in accordance with the order passed to that effect in Misc. Case (DV) No. 116 M/2015. However, the aforesaid Misc. Case (DV) No. 116M/2015 was dismissed by the learned court below on 28.04.2016 and thereafter to restore the said case, an application was filed which was also dismissed, vide order, dated 19.03.2016, passed in the said Misc. Case (DV) No. 116 M/2015 on the ground that there was no specific provision empowering the court below to review its own order. That being so, the aforesaid Misc. Case (DV) No. 116 M/2015 had already been dismissed and even it was not reviewed inspite of application to that effect, and therefore, the order passed for payment of the interim monetary relief granted in the said case appears to be not tenable in law.
However, the learned counsel for the petitioners has pointed out that another application was filed suppressing the fact that the earlier Misc. Case (DV) No. 116 M/2015 was Page No.# 3/3 dismissed and a fresh order has been obtained for monetary relief and for non-payment of which distress warrant was directed to be issued.
The learned counsel for the petitioners has referred to Section 29 of the Protection of Women from Domestic Violence Act, which provides for appeal only against the order of dismissal passed in Misc. Case (DV) No. 116M/2015.
That apart, the order issuing distress warrant appears to be against the respondents therein, i.e., the present petitioners since it has not been specifically indicated as to which of the respondents pay the monetary relief necessitating the present petitioners, who are the father-in-law and mother-in-law of the aggrieved person, to approach this Court.
On perusal of the entire materials placed before this Court, as of now, this Court is of the view that the petitioners has made out a case for interim protection for stay of the further proceeding of the aforesaid Misc. Case (DV) No. 85M/2016 and the order, dated 23.09.2016 passed therein by the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati.
Accordingly, further proceeding of the aforesaid case is stayed till next listing of the case.
However, the respondent shall be at liberty to seek vacation/ modification/ alteration of this interim order on her appearance before the Court.
List the matter on 22nd April, 2021.
JUDGE Comparing Assistant