Abu Bokkar Siddique vs Hosenara Begum And Anr
2021 Latest Caselaw 3093 Gua

                                                                                 Page No.# 1/2

GAHC010183532021




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

                                 Case No. : Crl.Pet./634/2021

            ABU BOKKAR SIDDIQUE
            S/O MOKA SK.
            R/O VILL- HARKATA MUSLIM PARA
            P.O. HATIPOTA, P.S. CHAPER
            DIST. DHUBRI, ASSAM



            VERSUS

            HOSENARA BEGUM AND ANR
            W/O ABU BOKKAR SIDDIQUE
            PRESENTLY RESIDING AT VILL- GERAMARI PART-V,
            P.S. GAURIPUR
            DIST. DHUBRI, ASSAM

            2:STATE OF ASSAM
             REP. BY THE PP
            ASSA

Advocate for the Petitioner   : MR D KALITA

Advocate for the Respondent : PP, ASSAM (R2)




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

24.11.2021 Heard Shri D. Kalita, learned counsel for the petitioner, who has filed this application under Section 482 of the Cr.P.C. against an order dated 25.03.2021 passed by the learned Page No.# 2/2

Principal Judge, Family Court, Dhubri in F.C. (Crl.) Case No. 83/2019. By the impugned Judgment & Order, the maintenance has been enhanced to Rs.8,000/- (Rupees Eight Thousand) per month to the respondent No. 1, wife.

2. It is the case of the petitioner that the earlier maintenance was fixed at Rs.4,000/- (Rupees Four Thousand) per month after which an application under Section 127 of the Cr.P.c. was filed for enhancement. Though, the petitioner had entered appearance due to ongoing pandemic situation, he could not file his objection and was also absent at the time of consideration of the case and passing of the impugned order on 25.03.2021. The learned counsel further submits that the order does not contain any cogent reasons and appears to be a cryptic one.

3. Issue Notice, returnable by 4(four) weeks.

4. Ms. S. Jahan, learned Additional Public Prosecutor, Assam accepts notice on behalf of the respondent No. 2. Extra copies of the petition be served upon her during the course of the day.

5. Petitioner to take steps for service of notice upon the respondent No. 1 by registered post with A/D. Steps within two days.

6. The interim prayer would be considered after appearance of the respondent No. 2.

7. List accordingly.

JUDGE

Comparing Assistant