Asif Ali Mir vs The State Of Assam And Anr
2021 Latest Caselaw 1631 Gua

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GAHC010090162021




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

                                Case No. : Crl.Rev.P./150/2021

            ASIF ALI MIR
            S/O. LT. MIR AKRAM ALI, R/O. HOUSE NO.23, BIRUBARI, MASJID ROAD,
            BIRUBARI, P.O. GOPINATH NAGAR, P.S. PLATANBAZAR, GUWAHATI-
            781016, DIST. KAMRUP (M), ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY PP, ASSAM.

            2:ANJUMAN MIR @ ANJITA AISHA
             D/O. SRI DHARMESWAR BAISHYA
            W/O. MR. ASIF ALI MIR PRINCE GOYEL
             R/O. DR. J.C. DAS ROAD
             OPPOSITE NAMGHAR
             PANBAZAR
             GUWAHATI-781001
             DIST. KAMRUP (M)
            ASSAM

Advocate for the Petitioner   : MRS. B GOGOI

Advocate for the Respondent : PP, ASSAM
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                                         :: BEFORE ::
                  HON'BLE MR. JUSTICE SOUMITRA SAIKIA
                                          :: ORDER ::

30.06.2021

Heard Mr. A. Sarma, learned counsel for the petitioner as well as Mr. D. Das, learned

Additional Public Prosecutor appearing for the State.

This criminal petition has been filed by the petitioner namely, Sri Asif Ali Mir, being

aggrieved by the order dated 19.01.2021 passed by the learned Principal Judge, Family Court

No. 1, Kamrup (M) in Crl. (Ex) Case No. 138/2017:: F.C. (Crl.) Case No. 556/2009. By the said

order, the Family Court directed the petitioner to deposit Rs. 20,000/- as current maintenance

plus Rs. 10,000/- as arrear maintenance amounting to Rs. 30,000/- each for two months and

thereafter, Rs. 20,000/- as current maintenance plus Rs. 30,000/- as arrear maintenance

amounting to Rs. 50,000/- for one month and to repeat the same chain till the realization of

the arrear maintenance amounting to Rs. 1,60,000/- along with the current maintenance

allowance to Rs. 20,000/- per month regularly.

The learned counsel for the petitioner submits that the cause of financial hardship arising

due to the Covid-19 pandemic situation, the petitioner is aggrieved by the direction of the

Principal Judge, Family Court No. 1, Kamrup (M) in respect of the payment of Rs. 20,000/- as

current maintenance and Rs. 30,000/- as arrear maintenance amounting to Rs. 50,000/-. The

learned counsel for the petitioner also submits that portion of the order impugned be

interfered with as the same was passed by the Principal Judge, Family Court No. 1, Kamrup

(M) without any legal basis.

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Upon hearing by the learned counsel for the parties, let notice be issued to the

respondents, returnable after 4(four) weeks.

Learned counsel for the petitioner is also directed to take steps on the respondent no. 2

by registered post within three working days from today.

Meanwhile, the learned counsel for the petitioner seeks liberty to bring on record the

final judgment delivered by the learned Principal Judge, Family Court No. 1, Kamrup (M) vide

judgment and order dated 18.09.2017 by filing an additional affidavit.

Prayer is allowed.

List this matter after 4(four) weeks.

The learned counsel for the petitioner is permitted to file additional affidavit in the

meantime.

Further orders on the prayers made in the petition will be considered on the next

returnable date upon perusal of the judgment and order dated 18.09.2017 sought to be

brought on record by the petitioner by way of additional affidavit.

List accordingly.

JUDGE Page No.# 4/4

Comparing Assistant