Asif Ali Mir vs The State Of Assam And Anr
2021 Latest Caselaw 3005 Gua

                                                                     Page No.# 1/4

GAHC010001952017




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

                                Case No. : Crl.Rev.P./512/2018

            ASIF ALI MIR
            S/O- LATE MIR AKRAM ALI, R/O- HOUSE N. 23, BIRUBARI MASJID ROAD,
            BIRUBARI, P.O- GOPINATH NAGAR, P.S- PALTAN BAZAR, GUWAHATI, DIST-
            KAMRUP(M), ASSAM PIN- 781016



            VERSUS

            THE STATE OF ASSAM and ANR.
            REPRESENTED BY PP, ASSAM

            2:SMTI ANJITA BAISHYA @ ANJUMAN MIR
             D/O SRI DHARMESWAR BAISHYA
             R/O A-4
             BLOCK-I
             PRESTIGE TOWER
             F.A. AHMED NAGAR
             PANJABARI
             P.O. PANJABARI
             P.S. DISPUR
             GUWAHATI
             DIST. KAMRUP(M)
            ASSAM
             78103

Advocate for the Petitioner   : MS B GOGOI

Advocate for the Respondent : PP, ASSAM




                                     BEFORE
                         HONOURABLE MR. JUSTICE NANI TAGIA
                                                                       Page No.# 2/4


                                    ORDER

Date : 22-11-2021

Heard Ms. B. Deka, learned counsel for the petitioner and Mr. N. Deka, learned counsel for the respondent No. 2. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam, appearing for the State respondent No. 1.

2. This revision petition under Section 397 of the Cr.P.C. read with Sections 401/482 Cr.P.C. is directed against the order dated 21.09.2016, passed by the learned Principal Judge, Family Court, Kamrup, Guwhati, in a maintenance case preferred by the respondent No. 2 under Section 125 of the Cr. P.C., which was registered as F.C. (Crl.) Case No. 556/2009, wherein the learned Principal Judge, Family Court by an interim order dated 05.10.2010 had directed the opposite party, who is the petitioner herein, to pay school fees, tuition fees of the children directly to the school wherein the children was studying. In addition thereto, Rs. 6,000/- (Rupees six thousand) only per month has also been directed to pay to the respondent No. 2 with effect from the date of order dated 05.10.2010.

3. During the pendency of the aforesaid case, on an application filed by the respondent No. 2 which was registered as Petition No. 401/ 2016, the learned Principal Judge, Family Court, Guwahati by an order dated 21.09.2016 had interpreted the order dated 05.10.2010 to have included the private tuition fees incurred by the children. The aforesaid order dated 21.09.2016, passed by the learned Principal Judge, Family Court, Kamrup, Guwahati in F.C. (Crl.) Case No. 5506/2009, is under challenge.

Page No.# 3/4

4. Mr. N. Deka, learned counsel for the respondent No. 2 has also pointed out an order of the Family Court dated 04.11.2016, passed in F.C. (Crl.) No. 556/2009, which order has been brought on record in the affidavit-in-opposition filed by the respondent No. 2 whereby a sum of Rs. 2,35,000/- (Two lakh thirty five thousand) only has been directed to be paid to the respondent No. 2 by the present petitioner on account of tuition expenses of the children.

5. Be that as it may, Mr. Deka ,learned counsel for the respondent No. 2 has now produced a copy of the final judgment and order dated 18.09.2017, passed in F.C. (Crl.) No. 556/2009 whereby the F.C. (Crl.) Case No. 556/2009 has been disposed of with a direction to the present petitioner to pay monthly maintenance allowance of Rs. 20,000/- (Twenty thousand) only per month to the respondent No. 2.

6. Ms. Gogoi, learned counsel for the petitioner does not dispute the fact that F.C. (Crl.) Case No. 556/2009 has been disposed of by an order dated 18.09.2017, passed by the learned Principal Judge, Family Court, Guwahati. She further submits that the petitioner has been regularly paying the monthly maintenance of Rs. 20,000/- per month in terms of the order dated 18.09.2017, passed by the learned Principal Judge, Family Court, Kamrup, Guwahati in F.C. (Crl.) Case No. 556/2009.

7. Since, F.C. (Crl.) Case No. 556/2009 has been disposed of by a final judgment and order dated 18.09.2017, passed by the learned Principal Judge, Page No.# 4/4

Family Court, Kamrup, Guwahati, the impugned order dated 21.09.2016, being an interlocutory order, passed in an application of the respondent No. 2 registered as Petition No. 401 of 2016 in F.C. (Crl.) Case No. 556/ 2009 having merged with the final order dated 18.09.2017, passed by the learned Principal Judge, Family Court, Kamrup, Guwahati in F.C. (Crl.) Case No. 556/ 2009, nothing remains for further adjudication in the matter.

8. With the above observations, this revision petition stands dismissed on having become infructuous.

JUDGE

Comparing Assistant