Rajib Pator vs Luna Mohan Pator
2021 Latest Caselaw 3114 Gua

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GAHC010093432020




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

                                Case No. : Crl.Rev.P./149/2020

            RAJIB PATOR
            S/O- SRI RAMA PATAR, R/O- NO. 1 KONWAR GAON, P.O- MOUTGAON, P.S-
            SIMALUGURI, DIST- SIVASAGAR, ASSAM, PIN- 785686



            VERSUS

            LUNA MOHAN PATOR
            W/O- RAJIB PATOR, D/O- LALIT MOHAN, R/O- TENGAPUKHURI MOHAN
            GAON, P.O- TENGAPUKHURI, P.S- MATHURAPUR, DIST- CHARAIDEO,
            ASSAM, PIN- 785686



Advocate for the Petitioner   : MR. N BORUAH

Advocate for the Respondent : MR. S DIHINGIA




                                     BEFORE
                         HONOURABLE MR. JUSTICE NANI TAGIA

                                          ORDER

Date : 25-11-2021

Heard Mr. N. Baruah, learned counsel for the petitioner and Mr. I. Hassan, learned counsel for the respondent.

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2. This revision petition under Section 401 read with Section 397 of the Code of Criminal Procedure (Cr.P.C.), 1973 is directed against the judgment and order dated 25.02.2020, passed by the learned Judicial Magistrate, First Class, Sonari, Charaideo, Sivsagar District of Assam in Misc. Case No. 01/2019, whereby a sum of Rs. 4,000/- (Rupees four thousand) only has been directed to pay to the respondent/wife as maintenance allowance under Section 125 Cr.P.C. from 25.02.2020. The above sum of Rs. 4,000/- has been directed to pay to the respondent with effect from 25.02.2020 in addition to a sum of Rs. 2,000/ (Rupees two thousand) only already directed to pay to the respondent/wife as an interim maintenance with effect from 05.09.2019 till disposal of the case i.e. 25.02.2020.

3. The petitioner and the respondent were married on 03.03.2017 as per the Hindu rites. The marriage between the parties, however, lasted only till 10.07.2018 on which date the respondent left her matrimonial home alleging the petitioner of physically and emotionally abusing her by demanding dowry. The respondent thereafter had filed a Misc. Case No. 01/2019 under Section 125 Cr.PC before the court of the Judicial Magistrate, First Class, Sonari, Charaideo praying for monthly maintenance of Rs. 15,000/- per month from the petitioner on account of neglecting the respondent to maintain her by the petitioner after the respondent was physically and emotionally abused by making a dowry demand by the petitioner.

4. On receipt of notice, the petitioner contested the case by filing a written statement. On the basis of rival pleadings by the parties, following points for determination was framed by the learned Judicial Magistrate, First Class, Sonari, Charaideo, which are as follows-

"a. Whether the 1st party is the legally married wife of the 2nd party? b. Whether the 2nd party having sufficient means has refused or neglected to maintain the 1st party?

c. Whether the 1st party is unable to maintain herself? d. Whether the 1st party is entitled to get maintenance as prayed for and if so, Page No.# 3/4

at what rate is she entitled?"

5. All the points for determination as framed above was answered in the impugned judgment and order dated 25.02.2020 by the learned Magistrate in favour of the applicant/wife, who is respondent herein and monthly maintenance of Rs. 4,000/- only was directed to pay to the respondent with effect from 25.02.2020 in addition to Rs. 2,000/-only per month as interim maintenance effective from 05.09.2019 till 25.02.2020.

6. While directing the petitioner to pay monthly maintenance allowance to the respondent, as indicated above, by the impugned judgment and order dated 25.02.2020, passed in Misc. Case No. 01/2019, it is noticed that the conclusion arrived at by the learned Judicial Magistrate, First Class, Sonari, Charaideo was on the basis of the statements of PW -1 alone, who is the respondent herein. However, from the impugned judgment and order as well as the LCR, it has been noticed that the respondent as well as the petitioner, in Misc. Case No. 01/2019, had examined herself as PW-1, her father, Lalit Mohan as PW-2 and her uncle Anil Mohan as PW-3. The petitioner herein had examined himself as DW-1 and one Jogen Konwar as DW-2.

7. The learned Magistrate in the impugned judgment and order, however, have not discussed the evidences of PW-2 and PW-3 and DW- 1 and DW- 2 which may have a relevant bearing in arriving at a just decision on the quantum of monthly maintenance to be determined in the facts of the case.

8. In view of the above, I deem it appropriate to remand the matter back to the learned Judicial Magistrate, First Class, Sonari, Charaideo to adjudicate the Misc. Case No. 01/2019 afresh after taking into account all the relevant facts and circumstance of the case, including the evidence of PW 2 and PW-3 and DW 1 and DW- 2 as well. To enable the learned Judicial Magistrate, First Class, Sonari, Charaideo to enter into a fresh adjudication of the Misc. Case No. 01/2019, the parties shall appear before the learned Judicial Magistrate, First Page No.# 4/4

Class, Sonari, Charaideo on 04.01.2022 alongwith a certified copy of this order.

9. Consequently, the impugned judgment and order dated 25.02.2020, passed in Misc. Case No. 01/2019 by the Judicial Magistrate, First Class, Sonari, Charaideo stands set aside.

10. The revision petition stands disposed of in terms of the above directions and observations.

JUDGE

Comparing Assistant