Rezzak Ali vs Rashidul Islam
2021 Latest Caselaw 2367 Gua

                                                                 Page No.# 1/2

GAHC010153622021




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

                                Case No. : Crl.Rev.P./215/2021

            REZZAK ALI
            S/O SAHAB ALI
            VILL- SILOZI PATHAR
            P.O.MANDIA
            P.S. BAGHBOR
            DIST. BARPETA
            PIN-781308



            VERSUS

            RASHIDUL ISLAM
            AGE ABOUT 9 YEARS (MINOR)
            S/O REZZAK ALI
            VILL- DHUPGURI
            P.O. GOBARDHANA
            P.S. BARPETA ROAD,
            DIST. BAKSA (BTAD),
            PIN-781315
            REP. BY HIS MOTHER
            REHENA PARBIN
            D/O HANIF ALI
            P.O. GOBARDHANA
            P.S. GOBARDHANA
            DIST. BAKSA (BTAD),
            PIN-781315.



Advocate for the Petitioner   : MR. A ROSHID

Advocate for the Respondent :
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                                     BEFORE
                      HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                           ORDER

29.09.2021

Heard Mr. A. Roshid, learned counsel for the petitioner.

This revision petition has been filed by the petitioner against the Judgment dated 09.04.2021 passed in F.C. (Crl.) No. 504/2019 by the Principal Judge, Family Court, Barpeta, whereby the petitioner was directed to pay Rs. 4000/- per month as maintenance allowance to the respondent, who is stated to be the son of the petitioner.

The learned counsel for the petitioner submits that the maintenance amount of Rs. 4000/- is unduly on the higher side and the Family Court, Barpeta had fixed the amount without taking into account his earnings or appreciating the evidence with regard to the sources of income. Being aggrieved, the present revision petition has been filed.

Upon hearing the learned counsel for the petitioner, let Notice be issued to the respondent, Returnable in four weeks.

The learned counsel for the petitioner will take steps for service of notice on the respondent by registered A/D post as well as usual process within one week.

Subject to payment of 50% of the awarded amount, the impugned Judgment dated 09.04.2021 passed in F.C (Crl.) No. 504/2019 by the Principal Judge, Family Court, Barpeta is stayed until further orders.

List the matter after four weeks.

JUDGE

Comparing Assistant