Shafikul Islam vs Aklima Khatun

                                                                            Page No.# 1/2

GAHC010269572019




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : Crl.Rev.P./469/2019

             SHAFIKUL ISLAM
             S/O MAHER ALI, VILL. BALIKURI, P.O. BALIKURI BAZAR, P.S.
             KALGACHIA, DIST. BARPETA, ASSAM



             VERSUS

             AKLIMA KHATUN
             D/O ANOWAR HUSSAIN, VILL. AND P.O. GUNIALGURI, P.S. KALGACHIA,
             DIST. BARPETA, ASSAM, PIN-781319



Advocate for the Petitioner   : MR. R ALI

Advocate for the Respondent : MR. I H LASKAR



                                        BEFORE
               HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
                                ORDER

03.01.2022 By way of this application filed under Sections 397/401 read with Section 482 CrPC, the petitioner has prayed for quashing the impugned Judgment and Order dated 27.08.2019, passed in FC (Crl.) No. 274/2018 by the learned Principal Judge, Family Court, Barpeta, whereby the petitioner was directed to pay Rs. 2,000/- only to the respondent/wife and Rs. 1500/- only to her minor son, in to total @ Rs. 3,500/- only per Page No.# 2/2 month as maintenance.

Learned counsel for both the parties are present.

The petitioner has not produced any receipt of payment for maintenance to the respondent/wife and it is contended that as the case is fixed on 02.02.2022, the petitioner could not deposit the amount, although he agreed to deposit the same.

Learned counsel for the respondent has also submitted that not a single penny has been deposited by the petitioner, whereas, he has challenged the order of maintenance, passed in DV Case as well as the maintenance case under Section 125 CrPC, which has caused serious hardship to the respondent/wife and the child.

Record reveals that the petitioner was repeatedly directed to deposit the amount before the learned trial Court. However, in view of the submission made by the learned counsel for the petitioner, one last chance is given to the petitioner to deposit the amount, as directed by this Court on 26.03.2021 and to produce the receipt thereof, failing which, necessary order(s) will follow.

In the meantime, call for the LCR of FC (Crl.) No. 274/2018, from the Court of the learned Principal Judge, Family Court, Barpeta. The learned Court will prepare a supplementary file towards payment of the maintenance @ Rs. 3,000, as directed by this Court, until further order(s).

List the matter on 10.02.2021.

JUDGE Comparing Assistant