Ibrahim Khan vs Nur Bhanu @ Nurjahan Begum
2022 Latest Caselaw 1172 Gua

                                                                               Page No.# 1/2

GAHC010057622022




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

                                 Case No. : Mat.App./6/2022

            IBRAHIM KHAN
            S/O LATE SUKUR KHAN
            RESIDENT OF VILLAGE AND PO JAHURPAM, PS AND DSIT BARPETA,
            ASSAM



            VERSUS

            NUR BHANU @ NURJAHAN BEGUM
            W/O IBRAHIM KHAN
            D/O LATE MINHAZ UDDIN,
            RESIDENT OF VILLAGE SIDHANI, PO SITOLI, PS BAGHBAR, DIST
            BARPETA, ASSAM, 781308



Advocate for the Petitioner   : MR. S HOQUE

Advocate for the Respondent :




                                   BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

01.04.2022 (Suman Shyam, J) Heard Mr. S. Hoque, learned counsel for the appellant.

This appeal is directed against the judgment and order dated 26.08.2021 Page No.# 2/2

passed by the learned Principal Judge, Family Court, Barpeta in Case No.F.C.

(Crl.) 182/2019 whereby the appellant has been directed to pay a sum of

Rs.4000/- to the respondent as monthly maintenance.

Mr. Hoque submits that the learned trail court has failed to ascertain the

income of the appellant. Moreover, the respondent has remarried and

therefore, she cannot claim maintenance. Mr. Hoque hasa, however, fairly

admitted that the said fact was not pointed out before the learned court

below.

Be that as it may, having regard to the grounds taken in the memo of

appeal, we are inclined to examine the matter.

Issue notice returnable in eight weeks.

Appellant to take steps for service of notice upon the respondent by

registered post with A/D as well as by usual process within a week from today.

Heard on the prayer of interim relief.

The said prayer will be considered after appropriate I.A. is filed by the

appellant.

                                           JUDGE                                   JUDGE




Comparing Assistant