PARTHA PRATIM MAHANTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Bhuyan, learned counsel for the writ petitioner, who is arrayed as opposite party in the interlocutory application. Also heard Mr. K. Goswami, learned counsel for the respondent no.6, who is the applicant in the interlocutory application. Mr. D. Nath, learned Senior Government Advocate, appearing for respondent nos. 1 to 4, who are arrayed as proforma opposite party nos. 2 to 5 are present. None appears for respondent nos. 5 and 7 to 11 despite service of notice by dasti mode.

(2.) It may be mentioned that for the sake of convenience, the parties are referred to hereinafter as per their respective status as petitioner and/or respondents in the writ petition.

(3.) The writ petition is in the nature of habeas corpus wherein an interim order was passed on 24.06.2021, which was modified on 30.06.2021 and the interlocutory application has been filed by the respondent no. 6 for vacating the interlocutory application. At the outset, it may be mentioned that at the conclusion of the hearing of the interlocutory application on 12.07.2021, the learned counsel appearing in this matter are ad idem that as the guardianship matter is fixed before the Court of Principal Judge, Family Court No.II., Guwahati, while disposing of the said interlocutory application, the writ petition itself may be disposed of as common facts are involved. Accordingly, with the consent of the appearing learned counsel, the writ petition as well as the connected interlocutory application are both being disposed of by this common judgment and order. The name of the minor girl child is not disclosed in this order and she is referred to as 'Z'. The petitioner is referred to as 'A' and the mother of the minor child (since deceased) is referred to as 'B'. It may be mentioned that the respondent no. 5 is the husband of respondent no.6 and father of B. The respondent no. 7, 9 and 10 are the other three daughters of respondent nos. 5 and 6 and the respondent nos. 8 and 11 are the son- in-laws of respondent nos. 5 and 6.