Decided on July 09,2019

Fyaram Bibi Appellant
Md. Ershad Miah Respondents


S. Talapatra, j. - (1.)Heard Mr. I. Chakraborty, learned counsel appearing for the petitioner, Fyarama Bibi @ Jhuma as well as Mr. D. C. Saha, learned counsel appearing for the respondent, Md. Ershad Miah.
(2.)This is an application under Sec. 482 of the Cr.PC for invoking the inherent power of the court seeking quashment and setting aside of the judgment and order dtd. 10/4/2012 delivered in Crl.Misc 74 of 2011 by the Judge, Family Court, Agartala, West Tripura. This case has its chequered history. The petition for maintenance, filed under Sec. 125 of the Cr.PC by the petitioner herein, was dismissed by the judgment dtd. 10/4/2012 observing that the petitioner herself has deposed that the marriage was solemnized on 7/12/2006 at Meglipara, Khayerpur in the house of her uncle Md. Felal Miah. The petitioner was earlier married to one Md. Sahid Miah, non-respondent, and in the wedlock one male baby was born. In the judgment dtd. 10/4/2012, it has been categorically observed that marriage between the petitioner and the respondent-herein took place one year before the talaq given by her former husband. Thus, when the marriage between the petitioner and the respondent had taken place, the petitioner was legally married wife of Md. Sahid Miah, the former husband. During existence of a valid marriage of a woman, a further marriage cannot take place even under Sharia laws. Accordingly, the Judge, Family Court has declared that the petitioner is not entitled to any maintenance from the respondent.
(3.)Mr. I. Chakraborty, learned counsel appearing for the petitioner has stated that judgment dtd. 10/4/2012 was challenged by filing revision petition being Crl.Rev.P 70 of 2012. The said revisional petition was withdrawn by the petitioner with liberty to file appropriate petition before the court of the competent jurisdiction. Mr. Chakraborty, learned counsel has taken this court to the order dtd. 11/3/2016. For purpose of reference, the relevant part of the order is extracted hereunder:
"However, as Mr. Chakraborty wants to withdraw the petition with a liberty to file appropriate petition before the appropriate court, this court has nothing to do.

In view of the above, the instant revision petition is disposed of as withdrawn with a liberty to file appropriate petition before appropriate court as per law."


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.