Md. Chayedur Rahman Khondakar vs Mrs Sahana Khatun
2021 Latest Caselaw 2825 Gua

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GAHC010002732012




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

                                Case No. : Crl.Rev.P./30/2012

            MD. CHAYEDUR RAHMAN KHONDAKAR
            S/O MD ABDUR RAHMAN KHANDAKAR, VILL- BARGAON, P.O. BIHDIA,
            P.S. BAIHATA CHARIALI, DIST. KAMRUP, ASSAM,



            VERSUS

            MRS SAHANA KHATUN
            W/O MD CHAYEDUR RAHMAN KHONDAKAR, D/O ABDUL SALIM VILL-
            RADHA KUCHI P.O. KORORA P.S. BAIHATA CHARIALI, DIST. KAMRUP,
            ASSAM.



Advocate for the Petitioner   : MR.N AHMED

Advocate for the Respondent : MS.C MAHANTA

-B E F O R E-

HON'BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA

11.11.2021

Heard Mr. A. Paramanik, learned counsel for the revision petitioner.

None appears for the respondent wife.

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This revision petition has been filed before this Court challenging the judgment dated 30.09.2011 passed by the Sub-Divisional Judicial Magistrate (M), Rangia on an application moved by the respondent wife under Section 125 Cr.P.C. seeking maintenance. By the aforesaid judgment dated 30.09.2011, an amount of Rs. 2000/- per month has been fixed as maintenance for the wife and Rs. 1500/- per month for the child, who at the relevant point of time was 2 ½ years of age.

The fact remains that the revisionist has himself admitted the respondent to be his wife and the child to be his son. There is a clear finding in the judgment dated 30.09.2011 that the revisionist has a garage in Guwahati and that he is a mechanic. After considering all the relevant aspects and the justification for maintenance, the maintenance has been allowed.

Learned counsel for the petitioner has given a statement that the petitioner has been paying the maintenance as per the order dated 30.09.2011.

There is no ground for interference in the matter.

The revision is hereby dismissed.

In case the petitioner has not been paying the maintenance amount as directed by Sub-Divisional Judicial Magistrate (M), Rangia, he shall be liable to pay the amount along with 6% interest per annum within 45 (forty five) days from today. If he is doing so, he will be at liberty to move an application under Section 127 Cr.P.C. for alteration of the maintenance allowance, if the circumstances so demand.

Copies of this order be forwarded to the Sub-Divisional Judicial Magistrate (M), Rangia and the Secretary, District Legal Services Authority, Kamrup (Rural) so that the respondent wife who is unrepresented before this Court can be Page No.# 3/3

apprised of this order.

CHIEF JUSTICE

Comparing Assistant