LAWS(GAU)-2017-8-118

SYED NAZRUL ISLAM Vs. MUSSTT. ABEDA BEGUM

Decided On August 16, 2017
Syed Nazrul Islam Appellant
V/S
Musstt. Abeda Begum Respondents

JUDGEMENT

(1.) Heard on admission.

(2.) This appeal is directed against the order dated 3.6.2017 passed by the Principal Judge, Family Court-I, Kamrup (Metro) at Guwahati in F.C.(Civil) Case No. 444/2012 whereby she has rejected applicant's objection regarding maintainability of respondent's suit before the Family Court.

(3.) The appellant husband was married to respondent wife. And, later, he divorced her vide Deed of Divorce dated 12.5.2012. The wife immediately filed a civil suit in the year 2012 itself challenging the validity of Deed of Divorce. The suit is now at the stage of cross examination of wife's witnesses. At this stage, the appellant filed an objection regarding maintainability of the suit in the Family Court on the ground that wife has a remedy of appeal under Section 20 of the Assam Moslem Marriages and Divorces Registration Act, 1935 (in short "Act of 1935").