Romesh Dutta vs Niramoni Das Dutta And Anr
2021 Latest Caselaw 2345 Gua

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GAHC010076232021




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

                                 Case No. : Crl.Pet./297/2021

             ROMESH DUTTA
             S/O- LATE MOHAN CHANDRA DUTTA, R/O- NO. 2 BRAHMIN GAN,
             KENDURI, JORHAT, P.O. AND P.S. PULIBOR, DIST.- JORHAT, ASSAM.



             VERSUS

             NIRAMONI DAS DUTTA AND ANR
             D/O- LATE BHOLA DAS, R/O- BANGALI BASTI, ATILA GAON, JORHAT,
             ASSAM.

             2:THE STATE OF ASSAM
              REP. BY THE PUBLIC PROSECUTOR
             ASSA

Advocate for the Petitioner   : MR. M SMITH

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

Date : 28.09.2021 Heard Mr. M. Smith, learned counsel for the petitioner. Also heard Ms. S. Jahan, learned counsel for the State of Assam.

This Criminal Petition has been filed by the petitioner, namely, Shri Page No.# 2/3

Romesh Dutta being aggrieved by the orders dated 26.09.2018 passed by the Court of CJM, Jorhat in Misc. Case No. 36/2017 as well as the Judgment dated 27.01.2020 passed by the Court of Additional Sessions Judge, Jorhat in Criminal Revision No. 69/2018.

The case projected by the petitioner is that by the order dated 08.11.2013 passed in Mat Appeal No. 15/2012 by this Court, an amount of Rs.5,000/- was fixed as maintenance, which will include her food, clothing, shelter and all other needs. The said order was passed in the Mat. Appeal by a Division Bench of this Court while arriving at a finding that the respondent was residing in premises which belong to the petitioner.

Subsequently, the respondent filed an application under Section 127 for enhancement of the maintenance which was allowed by the learned CJM, Jorhat vide order dated 26.09.2018 enhancing the maintenance from Rs.5,000/- to Rs.10,000/- w.e.f. date of passing of the order.

The said order subsequently was upheld by the Court of Additional District and Sessions Judge, Jorhat vide Judgment dated 27.01.2020.

Upon hearing the learned counsel for the parties, let the notice be issued, Returnable after 4(four) weeks.

The learned counsel for the petitioner will take steps for service of notice on respondent No. 1 within 1(one) week from today by registered post with A/D card and as well as by usual course.

As Ms. S. Jahan, learned Additional Public Prosecutor has accepted notice on behalf of the respondent No. 2, no formal notice needs be issued. The learned counsel for the petitioner shall serve an extra copy of the petition to the learned Additional Public Prosecutor within 3(three) Page No.# 3/3

days from today.

The interim order prayed for will be considered upon service of notice on the respondent.

List this matter on 02.11.2021.

JUDGE

Comparing Assistant