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2017 Supreme(SC) 876

S.A.BOBDE, L.NAGESWARA RAO
Kyntiew Akor Suchiang – Appellant
Versus
Woston Hynniewta – Respondent


Advocates Appeared:
For the Petitioner: Ms. Liz Mathew and Mr. M.F. Philip
For the Respondents: Mr. Imtiaz Ahmed, Mrs. Naghma Imtiaz, Mr. Ahmed Zargham and Mr. Kynpham, for M/s. Equity Lex Associates

ORDER :

Leave granted.

2. This appeal has been preferred by the petitioner-wife against the impugned judgment and order dated 23.09.2016 passed by the High Court of Meghalaya in Criminal Revision Petition No.3 of 2016, whereby the High Court allowed the said revision petition and directed the learned Judicial Magistrate, Shillong, to remand the case to the District Council, East Khasi Hills, to adjudicate the matter independently.

3. The appellant-wife is a tribal belonging to Panar tribe and resident of Jowai, West Jaintia Hills District which falls under the jurisdiction of Jaintia Hills Autonomous District Council. On the other hand, the respondent-husband is a tribal belonging to the East Khasi Hills District which falls under the jurisdiction Khasi Hills Autonomous District Council.

4. Initially, the appellant-wife filed an application for maintenance under section 125 of the Code of Criminal Procedure (for short, the 'Cr.P.C.') before the learned Judicial Magistrate, Shillong. By order dated 14.03.2016, the learned Magistrate directed the respondent-husband to pay an interim maintenance of Rs.7,000/- in favour of the appellant and issued notice to him. Thereafter, on 02.06,2016,









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