Animesh Deb @ Bimal Deb vs Arati Deb
2021 Latest Caselaw 2349 Gua

                                                                          Page No.# 1/2

GAHC010046122021




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

                                 Case No. : Crl.Pet./526/2021

            ANIMESH DEB @ BIMAL DEB
            S/O LATE AMULYA DEB
            R/O MALUGRAM
            MADHURAGHAT, P.S. SILCHAR, DIST. CACHAR, ASSAM, PIN-788002



            VERSUS

            ARATI DEB
            D/O LATE SUDESH CHANDRA DEB
            R/O GHANIALA, MALUGRAM P.S. SILCHAR
            DIST. CACHAR, ASSAM, PIN-788002



Advocate for the Petitioner   : MR B ACHARYYA

Advocate for the Respondent :




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

Date : 28.09.2021 Heard Mr. B. Acharyya, learned counsel for the petitioner.

This petition has been filed by the petitioner against the Judgment dated 09.12.2021 passed in Crl. Revision No. 99/2019 by the Court of Page No.# 2/2

Sessions Judge, Cachar, Silchar whereby Order dated 16.08.2019 passed by the SDJM(M), Lakhipur, Cachar in Misc. Case No. 13/19 has been upheld.

The submission of the petitioner before this Court that there is no evidence available before the Sessions Judge, Cachar and SDJM(M), Lakhipur to come to a conclusion that the respondent is the legally married wife of the petitioner. The courts below had erred in appreciating the evidence in returning a finding that the respondent is the legally married wife of the petitioner and consequently direction to pay the maintenance to the respondent at Rs.2,000/- per month is wholly uncalled and contrary to the provisions of law.

Issue notice, Returnable within 4(four) weeks.

The learned counsel for the petitioner will take steps for service of notice on respondent within 1(one) week from today by registered post with A/D card.

Prayer for suspension of the Judgment will be considered after the Returnable date.

JUDGE

Comparing Assistant