HIGH COURT OF GAUHATI
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Rumi Kumari Phukan, J. -
(1.) The present application has been preferred by the accused petitioner under section 482 CrPC challenging the impugned order of taking cognizance dated 02.01.2017 and the entire proceeding pertaining to CR Case No. 717/2016 now pending in the Court of JMFC, Kamrup (M), Guwahati.
(2.) Heard Ld. counsel for Mr. G.N Sahawalla for the petitioner and the learned counsel Mr. K. N. Chaudhury for the respondent.
(3.) It is the case of the petitioner that he was married to the respondent on 11.01.1996 as per ritual, and custom but after the marriage the petitioner came to know that the respondent was earlier married with one Saukat Ali on 11.6.1987 and the said marriage was not dissolved and she has entered into the marriage with the petitioner by suppressing her earlier marriage. On being asked, the respondent stoutly denied the same. The respondent as well as her family members pressurized the petitioner to stay in their house as Gharjowai and the revealment of the fact, the relation became bitter and the family members even used to assault the petitioner for which the petitioner lodged an FIR which got registered at Dispur PS Case No. 172/1997 and also subsequently file divorce case before Family Court vide FC (c) 1998 which was however withdrawn on amicable settlement. The relation between the parties no more remained cordial and in the year 1999 the respondent left the house of the petitioner. Due to such strain relation as well as threat from the family of in-laws, the petitioner decided to terminate the marital relation and approached to Sadar Kazi, Kamrup in the year 2011 where their marriage was solemnized and after sending of notice of Talaq for 3 (three) times, to which the respondent did not respond finally divorce was granted by the Sadar Kazi as on 18.8.2011. After serving of 1st notice of Talaq the respondent and family members assaulted the petitioner in presence of junior doctor and officials and staffs demanding to withdraw the notice of Talaq with a threatening to kill him for which he lodged an FIR before Bhangagarh PS which was registered as Bhangagarh PS Case No. 123/2011 (GR 4679/2011). The petitioner also filed a complaint case No. 2512/2015 alleging bigamy on the part of the respondent. Due to the threatening and demand of money of Rs. 2 crores and other property etc from the petitioner for giving notice of divorce, by the family members of the respondent, the petitioner filed Bhangagarh PS Case No. 261/2015 u/s 120(b)/143/387/292/506 IPC.;
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