Gauhati High Court
WP(C)/1151/2026 of MD ABDUL KADIR Vs THE STATE OF ASSAM AND ANR on 7 September 2026
GAHC010028282026 2026:GAU-AS:13036 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1151/2026 MD ABDUL KADIR SON OF LATE HASEN ALI, A PERMANENT RESIDENT OF SUTIRPAR, P.O.- MAHTOLI, P.S.-BOKO, DISTRICT-KAMRUP, ASSAM, PIN-781136. PRESENTLY
GAHC010028282026
2026:GAU-AS:13036
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1151/2026
MD ABDUL KADIR
SON OF LATE HASEN ALI, A PERMANENT RESIDENT OF SUTIRPAR, P.O.- MAHTOLI, P.S.-BOKO, DISTRICT-KAMRUP, ASSAM, PIN-781136. PRESENTLY
RESIDING AT KEKURANAGAR, HENGRABARI, P.O.-HENGRABARI, P.S.- DISPUR, DISTRICT- KAMRUP(M), PIN- 781036
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY COMMISSIONER AND SECRETARY (LAW AND
JUDICIAL) 2ND FLOOR, E -BLOCK, SECRETARIAT, DISPUR, GUWAHATI-06
2:THE SUPERINTENDENT
PRINCIPAL JUDGE FAMILY COURT NO.1
KAMRUP(M)
GUWAHATI
ULUBARI
PIN-78100
Advocate for the Petitioner : MS. A BEGUM, J S AHMED
Advocate for the Respondent : GA, ASSAM, MR H K DAS (SC GHC), BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
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ORDER
Date : 08.09.2026
1. Heard Mr. JS Ahmed, learned counsel for the petitioner. Also heard Mr. SS Roy, learned counsel for the respondent No.1 and
Mr. HK Das, learned standing counsel, Gauhati High Court appearing for respondent No.2.
2. The petitioner alleges that the Superintendent in the Office of the Principal Judge, Family Court No.1, Kamrup (M), at Guwahati, has refused to accept a petition filed under section 7(1)
(d) of the Family Court’s Act, 1984 seeking dissolution of the marriage. It is contended on behalf of the petitioner that Section 7(1)(d) of the Family Court’s Act, 1984, confers such jurisdiction and refusal to register is not justified.
3. Mr. HK Das, learned senior standing counsel, Gauhati High Court, on instructions from the Chief Administrative Officer (formerly Superintendent) O/o of the Principal Judge, Family Court- I, Kamrup (M), Guwahati, submits that no such petition has been received in the Office of the Family Court, however, if such petition is filed, it shall be accepted and the same will be placed before the Principal Judge, Family Court-I, Kamrup (M) for registration.
4. In view of such instruction, nothing survives to be adjudicated in the present writ petition. Accordingly the writ petition stands closed with a liberty to the petitioner to file an application before the Chief Administrative Officer, O/o of the Principal Judge, Family Court-I, Kamrup (M),
Guwahati, and on such application being filed, the same shall be considered as per law.
JUDGE Comparing Assistant