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Meghalaya High Court · body

2022 DIGILAW 217 (MEG)

Danme N. Sangma v. Pinthu N. Marak

2022-08-16

W.DIENGDOH

body2022
JUDGMENT 1. Heard Mr. A. G. Momin, learned counsel for the petitioner who has submitted that the petitioner and the respondent were residing together as husband and wife as per Garo Customary Law since 07.07.2012, out of which union they were blessed with a baby girl who was born on 03.08.2013. 2. The respondent who is working in the Police Department, on 10.09.2014 left the matrimonial home to join duty at Williamnagar under the Commandant, 5th MLP Battalion, Williamnagar and since then, has stopped communicating with the petitioner and has also failed to maintain the family. The petitioner in the month of October 2014 went to Williamnagar to visit the respondent but was shocked and surprised to find that the respondent was living with another woman. Even with the intervention of the relatives to reconcile the petitioner and the respondent, the respondent has decided not to stay together with the petitioner. 3. The petitioner was thereafter compelled to file an application under Section 125 CrPC for maintenance which petition was registered as Misc. Case No. 14 of 2014 before the Subordinate Court, Garo Hills Autonomous District Council, Tura. Along with the said petition, an application for grant of interim maintenance was also preferred before the same court being registered as Misc. Case No. 14(A) of 2014. 4. The learned counsel has further submitted that the case of the petitioner before the court of the concerned Magistrate was conducted by a counsel who has soon after disengaged himself as counsel, upon which the present counsel was empowered and engaged by the petitioner to take up the matter before the Court. The new counsel was under the impression that the said Misc. Case for interim maintenance was not proceeded before the Court and has accordingly approached this Court by way of Crl. Petn. No. 6 of 2021 upon which this court vide order dated 18.02.2021 has directed the learned court of the Magistrate to take up the said case for interim maintenance. 5. However, on her appearance before the said court of the Magistrate at Tura, the petitioner was directed to an order dated 12.07.2016 whereby the learned Magistrate by a related order has rejected the prayer for grant of interim maintenance on the grounds stated therein. 6. 5. However, on her appearance before the said court of the Magistrate at Tura, the petitioner was directed to an order dated 12.07.2016 whereby the learned Magistrate by a related order has rejected the prayer for grant of interim maintenance on the grounds stated therein. 6. The learned counsel for the petitioner has submitted that the petitioner has then approached this Court against the said order dated 12.07.2016 but has subsequently withdrawn the same. However, a fresh application for grant of interim maintenance was filed before the Court of the learned Judicial Office Assistant Judge, District and Sessions, District Council Court, Garo Hills Autonomous District Council, Tura. 7. The learned counsel for the petitioner has finally submitted that when the petitioner approached the office of the District and Sessions, District Council Court, Garo Hills Autonomous District Council, Tura for registration of the said petition for grant of interim maintenance, the same was refused to be registered. Hence this case. 8. In the meantime, on the prayer of the petitioner this Court has called for the report from the learned Assistant Judge, District and Sessions, District Council Court, Garo Hills Autonomous District Council, Tura as to why the said petition was refused to be registered, the report received vide Communication No. GDC-JD/LD/(B) 2010/7/273/442 dated 08.08.2022 has not indicated a clear answer to the query made, but has only referred to the previous proceedings wherein the earlier application for grant of interim maintenance was disposed of. 9. On consideration of the submission made by the learned counsel for the petitioner, at the first instant, this Court is constraint to direct the office of the Court of the Assistant Judge, District and Sessions, District Council Court, Garo Hills Autonomous District Council, Tura to register the application of the petitioner for grant of interim maintenance and upon hearing the parties, may pass necessary orders in accordance with law. 10. The learned counsel for the respondent has also fairly conceded that the related petition may be duly registered and the parties to be heard before any order is passed. 11. This being the case, this Court exercising its inherent power under Section 482 CrPC would dispose of this petition in the light of the direction given above (supra). 12. 10. The learned counsel for the respondent has also fairly conceded that the related petition may be duly registered and the parties to be heard before any order is passed. 11. This being the case, this Court exercising its inherent power under Section 482 CrPC would dispose of this petition in the light of the direction given above (supra). 12. The registration of the said petition is to be carried out within two weeks from the date of the presentation by the petitioner of a certified copy of this order. 13. Petition disposed of. No costs.