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2022 Supreme(Gau) 676

DEVASHIS BARUAH
Pooja Lahon D/o Lt. Domborudhar Baruah – Appellant
Versus
Muktangshu Lahon S/o- Shri Satyendra Nath Lahon – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. P. J. Saikia, Ms. M. Nirola, Advocate.
For the Respondent:Mr. N. Dhar, Advocate.

JUDGMENT :

Heard Mr. P.J. Saikia, the learned senior counsel assisted by Ms. M. Nirola, the learned counsel for the petitioner and Mr. N. Dhar, the learned counsel appearing on behalf of the respondent.

2. This is an application under Section 227 of the Constitution of India challenging the proceedings, i.e. Misc. (G) Case No.59/2019 pending before the Court of the Principal Judge, Family Court, Kamrup (M) at Guwahati as well as the order dated 26.11.2019. Further to that, the petitioner has also sought for a direction to the Principal Judge, Family Court No.1, Kamrup (M) at Guwahati to consider and decide the petition No.1197/2019 before proceeding further in Misc. (G) Case No.59/2019.

3. The brief facts of the case is that the petitioner and the respondent were married on 18.04.2008 at Guwahati in accordance with the Hindu customary rites, rituals and ceremonies and the said marriage was also registered under the Special Marriage Act, 1954 vide Marriage Certificate No.690 dated 19.04.2008 by the Marriage Officer, Kamrup at Guwahati. Out of their wedlock, a female child was born to them on 27.06.2014 at Guwahati. On 06.10.2018, the respondent discovered that the petitioner and their

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