Waz Uddin vs Saniara Khatun
2022 Latest Caselaw 2835 Gua

                                                                       Page No.# 1/2

GAHC010153922022




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

                                Case No. : Crl.Rev.P./400/2022

            WAZ UDDIN
            S/O LATE JOYED ALI
            R/O VILL- SHOWPUR,
            P.S. KALGACHIA
            DIST. BARPETA, ASSAM



            VERSUS

            SANIARA KHATUN
            W/O WAZ UDDIN
            D/O ABDUS SALAM
            R/O VILL- SHOWPUR, P.S. KALGACHIA
            DIST. BARPETA, ASSAM,
            PIN-781319



Advocate for the Petitioner   : DR. B AHMED

Advocate for the Respondent :




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                          ORDER

Date : 08.08.2022

Heard Mr. N. Haque, learned counsel for the petitioner.

This criminal revision petition under Section 397 read with Sections 401/482, Page No.# 2/2

Code of Criminal Procedure, 1973 [CrPC], has been preferred assailing a judgment and order dated 09.06.2022 passed by the learned Principal Judge, Family Court, Barpeta in F.C.[Crl] no. 16/2020 in an application preferred by the respondent under Section 125, CrPC.

By the impugned judgment and order dated 09.06.2022, the learned Family Court has directed the petitioner to pay maintenance allowance @ Rs. 4,000/- per month to the respondent from the date of filing the petition.

Mr. Haque, learned counsel for the petitioner has submitted that the learned Family Court while considering the quantum of maintenance allowance, did not follow the procedure laid down in the decision of the Hon'ble Supreme Court of India in Rajnesh vs. Neha and another, reported in [2021] 2 SCC 324. The learned Family Court without ascertaining about the assets and liabilities of the parties has passed the impugned order. The petitioner is a daily wage labourer and after alleged desertion by the respondent, he has re-married for the second time and he has to maintain his family members out of the meager daily income.

Issue notice to the respondent, returnable in 4 [four] weeks.

Issue notice also on the interim prayer, which will be considered on the returnable date.

The petitioner shall take steps for service of notice upon the sole respondent by registered post with A/D as well as by usual process within 3 [three] working days from today.

List the case after 4 [four] weeks.

JUDGE

Comparing Assistant