NISHAMONI KALITA Vs. SARDA KALITA

JUDGEMENT

(1.) THIS revision puts to challenge the order, dated 26-9-2008, passed by the learned Civil Judge No. 3, Kamrup, in misc. (J) Case No. 54/2008, arising out of title Suit No. 242/2007, whereby the learned Court below has rejected the application made, under Section 9 of the Hindu adoptions and Maintenance Act, 1956 (in short, the Act of 1956) by the present petitioner, claiming maintenance, for herself as well as for her minor child, the ground for rejection being that the application, made under Section 19 of the Act of 1956, is not maintainable inasmuch as it is the Family court, at Guwahati, which has the jurisdiction to entertain an application under Section 19 of the Act of 1956 and not the Court of Civil Judge, Kamrup, Guwahati. This application, seeking direction for maintenance, had been filed, it may be pointed out, in the suit, which stands instituted by the petitioners, seeking partition of the landed properties, which are said to have been left behind by late Anup Chandra Kalita, father-in-law of the petitioner No. 1 and grand-father of the petitioner No. 2.

(2.) I have heard Mr. M. K. Choudhury, learned Senior counsel appearing on behalf of the plaintiffs-petitioners.

(3.) BEFORE entering into the merit of the present revision, which has arisen out of an application made under Art. 227 of the Constitution of India, the facts of the case need to be taken note of. The relevant facts are, in brief, set out as under :