Biswajit Sharma vs Smt. Elora Sharma
2021 Latest Caselaw 3000 Gua

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GAHC010232232018




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

                              Case No. : Crl.Pet./1045/2018

           BISWAJIT SHARMA
           S/O LATE MON MOHAN SHARMA, R/O HOUSE NO. 39, MARWARI PATTY,
           JAIN TEMPLE ROAD, NEAR DURGABARI, DIMAPUR 797112

           VERSUS

           SMT. ELORA SHARMA
           W/O SRI BISWAJIT SHARMA, R/O RLY. QTR. NO. 312A, BAMUNIMAIDAM
           RAILWAY COLONY, P.O. BAMUNIMAIDAM, P.S. CHANDMARI, DIST.
           KAMRUP (M), GUWAHATI 781021


Advocate for the Petitioner : MR. D P BORAH
Advocate for the Respondent : MR. K BHATTACHARJEE

                                 BEFORE
                HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                        ORDER

22-11-2021

Mr. D.P. Bora, learned counsel represents the petitioner/husband. Mr. K. Bhattacharjee, learned counsel represents the respondent/wife. This is an application, under Section 482 of Cr.P.C., seeking quashment of the ex-parte judgment and order, dated 01-09-2017, passed by the learned Principal Judge No. 1, Family Court, Kamrup, at Guwahati, in F.C (Crl.) Case No. 426/2016, granting maintenance allowance @ Rs.12,000/- per month to the respondent/wife and her minor daughter by the learned Court below.

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I have perused the petition. I have also heard the learned counsel for the parties. It has been averred in the petition and has also been submitted by the learned counsel for the petitioner that the petitioner did not appear in the Court below due to the reasons beyond his control and the ex-parte order ought not to have been passed in the proceeding by the learned Court below.

As against his submission, the learned counsel for the respondent/wife has submitted that the learned Court below has rightly passed the ex-parte order due to absence of the petitioner in the Court intentionally to avoid payment of maintenance allowance to the respondent/wife and her minor child as well as for the reasons that he did not file written statement in the proceeding before the Court below. During the course of interaction with the respective learned counsel for the parties in the open Court, it has come out that both the parties are in agreement that the petition be disposed of by the learned Court below, on merit, after hearing the learned counsel for the parties, subject to payment of Rs.8,000/- per month as an interim maintenance allowance till the final order is passed by the learned Court below. The learned counsel for the respondent has also submitted that till now there is outstanding dues of Rs.4,84,000/- in accordance with the ex-parte order passed by the learned Court below.

The learned counsel for the petitioner has submitted that he has no instruction on this aspect.

Considering the submissions made by the learned respective counsel for the parties, the ex-parte order, 01-09-2017, passed by the learned Principal Judge No. 1, Family Court, Kamrup, at Guwahati in F.C (Crl.) Case No. 426/2016, is set aside with a direction to dispose of the matter, on merit, after hearing both the parties and giving opportunity to adduce evidence by the parties subject to the condition that the petitioner shall pay an amount of Rs.8,000/- per month being interim maintenance, during continuance of the proceeding before the Family Court, and until further order. So far the arrear amount of maintenance is concerned, the same be paid in Page No.# 3/3

installments to be decided by the learned Court below on hearing both the parties. With the above observations and directions, this criminal petition and the connected I.A. (Crl.) No. 799/2019 stand disposed of.

JUDGE

Comparing Assistant