Sri Shib Narayan Bhar vs Smti Lakshmi Bhar
2021 Latest Caselaw 1898 Gua

                                                                           Page No.# 1/2

GAHC010106682021




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

                                Case No. : Crl.Rev.P./164/2021

            SRI SHIB NARAYAN BHAR
            SON OF LATE RAM SHAKAL BHAR
            R/O DHACCAIPATTY
            PASCHIMPARA, SILCHAR UNDER SILCHAR POLICE STATION IN THE DIST.
            OF CACHAR, ASSAM
            PIN-788001

            VERSUS

            SMTI LAKSHMI BHAR
            R/O C/O SRI PRODUT BHAR
            DERBY TEA ESTATE, DERBY UNDER DHOLAI POLICE STATION IN THE
            DIST. OF CACHAR, ASSAM, PIN-788112



Advocate for the Petitioner   : MR. B M CHOUDHURY

Advocate for the Respondent :

BEFORE HON'BLE MR. JUSTICE HITESH KUMAR SARMA 18-08-2021

This is an application under Section 401, read with Section 397 of the Code of Criminal Procedure, 1973, seeking quashment of the impugned judgment and order dated 15.06.2021 passed by the learned Principal Judge, Family Court, Silchar, in FC (Crl.) No.289/2006 under Section 125 of the Code of Criminal Page No.# 2/2

Procedure, 1973.

Heard Mr. B.M. Choudhury, learned counsel appearing on behalf of the petitioner.

Issue notice upon the sole respondent under Registered Post with A/D as well as under any other prescribed mode.

Steps be taken within five days.

Call for the LCR.

List the matter immediately after service of notice upon the respondent and upon receipt of the LCR for admission.

Also heard on interim prayer.

Learned counsel for the petitioner has sought for stay of the aforesaid impugned judgment and order dated 15.06.2021.

Since the proceeding is under Section 125 of the Code of Criminal Procedure, this Court is of the view that until further orders, the petitioners shall pay 50% of the maintenance allowance awarded by the learned Court below to the respondent regularly and the stay will operate only when proof of payment is produced i.e. of Rs.1000/- per month, till the next date fixed.

List the matter on 9.9.2021.

JUDGE

Comparing Assistant