SAMINA YASMIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr M Bhuyan, learned counsel for the petitioner and also Mr A.S. Choudhury, learned senior counsel for the respondent No. 2. Also heard Ms B. Rajkhowa, learned P.P.

(2.) This petition has been filed by Mustt, Samina Yasmin challenging in part the judgment and order dated 21.7.2000 passed by the learned Principal Judge Family Court, Kamrup, Guwahati in Case No. F.C. (Crl.) 187/99 refusing maintenance allowance. The part of the judgment and order impugned is quoted below:

(3.) It is submitted by Mr Bhuyan that the petition filed under Section 7 of the Family Court Act read with Section 125 of the Code of Criminal Procedure ought to have been treated as a petition filed under Section 3(2) of the Muslim Women (Protection of Rights of Divorce) Act, 1986. The learned counsel controverted the order passed by the learned Principal Judge on the ground that it was a me:re technicality and could have been set at right by the learned Court below.