NITIKONA BANARJEE Vs. RAM PRASAD BANERJEE
HIGH COURT OF GAUHATI
Ram Prasad Banerjee
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A.S. Bopanna, J. -
(1.) Heard Mr. A. Biswas, learned counsel appearing for the appellant. Also heard Mr. S. N. Sarma, learned Senior counsel, appearing for the respondent.
(2.) The appellant is before this court in this appeal assailing the order dated 17.11.2014, passed by the court of the Principal Judge, Family Court-1, Kamrup (M), Guwahati, in F.C. (Civil) Case No. 628/2012. The respondent herein had approached the Family Court in F.C. (Civil) 628/2012 seeking a declaration that the appellant herein is not the legally married wife of Lakshman Banerjee and, therefore, she is not entitled to make any claim, as legal heir of Lakshman Banerjee, in respect of the properties left by him. Further, a declaration has been sought that the Marriage Certificate No. 252/94 is a void and fraudulently obtained document and, therefore, the same has no binding effect on the plaintiff and others. The consequential relief thereof was also sought in the said petition.
(3.) The appellant herein was the defendant to the said proceedings, who had appeared and contested the proceedings. In the said proceedings, an application was filed under Section 7 of the Family Court Act, 1984 (hereinafter referred to as "the Act") contending that the petition before the Family Court is not maintainable as the parties are not husband and wife and, in that light, the petition filed by a third person cannot be entertained by the Family Court.;
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