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2022 Supreme(Gau) 1361

KALYAN RAI SURANA
Gulbahar Begum – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
A. Mannaf, K. Das, R. Dhar, D. Borah, A. Hussain, R. Borpujari, V.K. Barooah, S. Kanungoe, K. Ahmed.

JUDGMENT :

KALYAN RAI SURANA, J.

1. Heard Mr. A. Mannaf, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned standing counsel for the PWD, respondent nos.1 and 5, Mr. D. Borah, learned Govt. Advocate appearing for respondent no. 2, Mr. A. Hussan, learned standing counsel for the respondent no. 3, Mr. R. Borpujari, learned standing counsel for the respondent no. 4, Mr. V.K. Barooah, learned counsel for the respondent no. 6 and Ms. S. Kanungoe, learned counsel for the respondent no. 7.

2. The case projected by the petitioner is that she is the first wife of Late Rafiquddin Ahmed, who, while serving as Head Assistant in PWD in the establishment of Executive Engineer, Tezpur Electrical Sub-Division, had died on 29/1/2016. It is projected that the petitioner was his legally married first wife and that her husband had deserted her along with five children, and had allegedly contracted marriage with the respondent no. 7 during the subsistence of the first marriage. It is further projected by the petitioner that as she is suffering from penury, she had approached the Court of learned Principal Judge, Family Court, Guwahati by filing an application under sec. 125 Cr.P.C for mai

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